IC-NKLI- 


20    blD  

MONWEALTH  OF  MASSACHUSETTS 
BULLETIN   OF   THE    BOARD   OF    EDUCATION 
»15,  NUMBER  7  WHOLE  NUMBER,  44 


REVISED  LAWS  RELATING 
TO  PUBLIC  INSTRUCTION 


Enacted  by  the  Legislature  of  November  21,  1901,  to  take  effect 
January  1,  1902;  also  Subsequent  Amendments  and  Additions  from  1902 
1914  inclusive,  and  Other  Laws  of  Interest  to  School  Authorities 


BOSTON 

WEIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS 

32  DERNE  S.TREET 

1015 


GIFT  OF 


REVISED  LAWS 


OF 


Sitr  (£mmu0mitralth  itf  f 


RELATING    TO 


PUBLIC    INSTRUCTION 


ENACTED  BY  THE  LEGISLATURE  Nov.  21,  1901,  TO  TAKE  EFFECT 
JAN.  1,  1902,  WITH  SUBSEQUENT  AMENDMENTS  AND  ADDI- 
TIONS FROM  1902  TO  1914,  INCLUSIVE;  ALSO  OTHER 
LAWS  OF  INTEREST  TO  SCHOOL  AUTHORITIES. 


SPECIAL  RESOLVE. 


LAWS   RELATING   TO   PUBLIC    INSTRUCTION   AND 
REGULATIONS  KESPECTING  CHILDREN. 


THE  BOARD. OF  EDUCATION. 

[Acts  of  1909,  Chapter  457.] 

AN  ACT  TO  CONSOLIDATE  THE  BOARD  OF  EDUCATION  AND  THE 
COMMISSION  ON  INDUSTRIAL  EDUCATION. 


^^^Xi 


MEMBERS. 

SECTION  1.    The  board  of  education  shall  consist  of  nine  persons,  Board  of  edu- 
ree  of  whom  shall  annually  in  April  be  appointed  by  the  governor,  appointment, 
th  the  advice  and  consent  of  the  council,  for  terms  of  three  years,  term  °f  °ffice'. 
xcept  as  hereinafter  provided.     The  members  of  the  board  shall  etc' 
serve  without  compensation.    During  the  month  of  June  in  the  cur- 
rent year  the  governor  shall  so  appoint  all  of  said  nine  members  of 
the  board,  whose  terms  of  office  shall  begin  on  the  first  day  of  July, 
nineteen  hundred  and  nine,  three  for  terms  ending  May  first,  nine- 
teen hundred  and  eleven,  three  for  terms  ending  May  first,  nineteen 
hundred  and  twelve,  and  three  for  terms  ending  May  first,  nineteen 
hundred  and  thirteen.    Four  of  the  present  members  of  the  board  of 
education,  and  one  of  the  members  of  the  commission  on  industrial 
education  shall  be  appointed  members  of  the  board  of  education 
provided  for  by  this  act. 

POWERS  AND  DUTIES. 

SECTION  2.     The  board  of  education  shall  exercise  all  the  powers  Powers  and 
and  be  subject  to  all  the  duties  now  conferred  or  imposed  by  law  duties- 
upon  the  present  board  of  education,  or  upon  the  commission  on 
industrial  education  by  chapter  five  hundred  and  five  of  the  acts  of 
the  year  nineteen  hundred  and  six  and  by  chapter  five  hundred  and 
seventy-two  of  the  acts  of  the  year  nineteen  hundred  and  eight,  and 
acts  in  amendment  thereof  and  in  addition  thereto,  except  as  may 
otherwise  be  provided  herein.1 

COMMISSIONERS,    DEPUTY    COMMISSIONERS,    AGENTS,    CLERKS,    TRAV- 
ELLING EXPENSES,  ETC. 

SECTION  3.     (As  amended  by  chapter  282,  Acts  of  1910,  chapter  466,  Commissioner 
Acts  of  1911,  chapter  80,  Acts  of  1912,  and  chapter  421,  Acts  of  1913.)  app 
The  board  shall  appoint  a  commissioner  of  education  whose  term  of  etc.- 

1  Chapter  471,  Acts  of  1911,  takes  the  place  of  the  chapters  mentioned  in  this  section. 
See  page  74  of  this  pamphlet. 

381331 


PUBLIC  INSTRUCTION.         [Chap.  39. 


Deputy  com- 
missioners, etc. 


Expenses  of 
board. 


Terms  of  office 
of  present 
members  to 
expire. 


Repeal. 


When  to  take 
effect. 


office  shall  be  five  years,  and  may  fix  his  salary  at  such  sum  as  the 
governor  and  council  shall  approve.  Said  commissioner  may  at  any 
time  be  removed  from  office  by  a  vote  of  six  members  of  the  board. 
He  shall  exercise  the  powers  and  perform  the  duties  now  conferred 
or  imposed  by  law  on  the  secretary  of  the  board  of  education.  He 
shall  be  the  executive  officer  of  the  board,  shall  have  supervision  of 
all  educational  work  supported  in  whole  or  in  part  by  the  common- 
wealth, and  shall  report  thereon  to  the  board,  and,  when  so  author- 
ized by  the  board,  may  approve  bills  for  expenditures  from  appropri- 
ations and  funds  placed  under  the  direction  of  the  board.  The  board 
shall  also  appoint  two  deputy  commissioners,  one  of  whom  shall  be 
especially  qualified  to  deal  with  industrial  education.  The  powers, 
duties,  salaries  and  terms  of  office  of  said  deputy  commissioners  shall 
be  such  as  may  be  established  from  time  to  time  by  the  board,  but 
the  board  may,  by  a  vote  of  six  members  thereof,  remove  from  office 
at  any  time  either  of  said  deputy  commissioners.  The  board  may  be 
allowed  for  rent,  salaries  of  the  commissioner,  the  deputies,  agents, 
assistants  and  clerical  service,  and  for  travelling  and  other  necessary 
expenses  of  the  commissioner,  the  deputies,  agents,  and  of  the  board 
incurred  in  the  performance  of  their  official  duties,  such  sum  as  shall 
be  appropriated  by  the  general  court  annually,  payable  out  of  the 
treasury  of  the  commonwealth. 

SECTION  4.  See  section  6  of  chapter  89,  Revised  Laws,  page  5  of 
this  pamphlet. 

SECTION  5.  The  terms  of  office  of  the  present  members  of  the 
board  of  education  and  of  the  commission  on  industrial  education 
shall  expire  July  first,  nineteen  hundred  and  nine,  and  said  commis- 
sion shall  then  cease  to  exist. 

SECTION  6.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

SECTION  7.  This  act,  so  far  as  it  provides  for  the  appointment  of 
the  members  of  the  board  of  education  during  the  month  of  June, 
nineteen  hundred  and  nine,  shall  take  effect  upon  its  passage  and 
it  shall  take  full  effect  on  the  first  day  of  July,  nineteen  hundred  and 
nine. 


SECTION  1. 
this  pamphlet. 


[Revised  Laws,  Chapter  39.] 

See  chapter  457,  Acts  of  1909,  page  3  of 


Board  of  edu- 
cation, secre- 
tary of. 
1837,  241,  §  2. 
1847,  183,  §  1. 
1849,  215,  §  1. 
G.  S.  34,  §  4. 
P.  S.  41,  §  4. 
103  Mass.  98. 


[SECRETARY,  J]  AGENTS  AND  CLERKS. 
SECTION  2.  (As  amended  by  chapter  234,  Act8  of 
1904-)  The  board  may  appoint  a  [secretary  *],  who,  under 
its  direction,  shall  make  the  abstract  of  school  returns 
required  by  the  provisions  of  section  seven,  shall  collect 
and  distribute  information  respecting  the  condition  and 
efficiency  of  the  public  schools  and  other  means  of  popu- 


1  Commissioner  of  Education;  see  section  3  (as  amended),  chapter  457,  Acts  of  1909, 
page  3  of  this  pamphlet. 


Chap.  39.]      THE  BOARD  OF  EDUCATION.  5 

lar   education,  and  the   best   system  of   studies  and   the 
best  method  of  instruction.    The  board  may  also  employ  Board  of  edu- 
such  assistants  or  agents,  and  may  provide  such  clerical  SS'SpSSS'  of 
and   messenger   service   as   may   be    necessary:    provided,  iSSyaSfn? 
that  the  total   expense  for   salaries  incurred   under  this  }f|§;  Jf§;  f ^  3 
section  shall  not  exceed  twenty  thousand  dollars  annually,  G5s'4394-'§8 
and  that  the  allowance  for  travelling  expenses  of  employees  J8g'  j^2'- 
under  the  direction  of  the  board  shall  not  exceed  three  ises!  246. 
thousand  dollars  annually.     Such  agents  shall  not  be  pe-  Agents  of 
cuniarily  interested,  directly  or  indirectly,  in  the  publica-  iSSss?, 22. 
tion  or  sale  of  any  text  book,  school  book  or  article  of  Sef/IS.8  9' 
school  supply  used  in  the  public  schools  of  this  common-  f8-9|-  ^ §  9- 
wealth. 

Sections  3  and  4  are  repealed  by  chapter  234,  Acts  of 
1904. 

INCIDENTAL  EXPENSES. 

Section  2  of  chapter  234,  Acts  of  1904,  provides  as  follows:  — 
The  incidental  expenses  of  the  board  and  the  travelling  and 
other  necessary  expenses  of  the  members  thereof,  incurred  in  the  paid. ' 
performance  of  their  official  duties,  shall  be  paid  by  the  common-  1838- 55> 
wealth. 

G.  S.  34,  §  10.  P.  S.  41,  §  10.  1895,  132.  1901,  262. 

GRANTS   FOR  EDUCATIONAL  PURPOSES. 

SECTION  5.  The  board  may  take  and  hold,  in  trust  for 
the  commonwealth,  a  grant  or  devise  of  land,  or  a  gift  or 
bequest  of  money  or  other  personal  property  made  to  it 
for  educational  purposes;  and  shall  forthwith  pay  it  over  p;f;|4f'||.' 
or  deliver  it  to  the  treasurer  and  receiver  general,  who 
shall  invest  such  money  in  the  name  of  the  commonwealth 
and,  on  the  warrant  of  the  governor,  pay  to  the  board  the 
income  or  principal  thereof,  as  it  shall  require;  but  no 
disposition  shall  be  made  of  any  gift,  bequest  or  devise 
which  is  inconsistent  with  its  conditions  or  terms.  The 
treasurer  and  receiver  general  shall  be  responsible  upon 
his  bond  to  the  commonwealth  for  the  faithful  manage- 
ment of  all  property  so  received  by  him. 

SECTION  6.     (As  amended  by  section  4,  chapter  457,  Acts  of  J^£e formof 
1909.)    The  board  shall  prescribe  the  form  of  census  required  census^  etc. 
by  the  provisions  of  section  three  of  chapter  forty-three,  isss!  105!  §§  5-7! 
of  registers  to  be  kept  in  the  public  schools  and  of  returns  IIS;  209.' § ' 
to  be  made  by  school  committees;    shall  annually,  on  or  p.*a*tl*f 
before  the  third  Wednesday  of  January,  make  to  the  gen-  1898« 496>  §  13- 
eral  court  a  report  containing  a  printed  abstract  of  said 


PUBLIC  INSTRUCTION. 


[Chap.  39. 


Duties  of 
secretary. 
1849,  215,  §  1. 
1858,  61. 
G.  S.  34,  §  5. 
P.  S.41,  §5. 
1901,  112. 


Same  subject. 
1838,  159,  §  1. 
1842,  42. 
G.  S.  34,  §  6. 
P.  S.  41,  §  6. 


returns,  like  returns  of  the  schools  in  charge  of  the  board, 
and  a  detailed  report  of  all  the  doings  of  the  board,  to- 
gether with  a  detailed  report  of  all  receipts  and  expendi- 
tures, with  observations  upon  the  condition  and  efficiency 
of  the  system  of  public  education  and  suggestions  in  re- 
gard to  the  most  practicable  means  of  improving  and  ex- 
tending it.  The  records  of  the  doings  of  the  board  shall 
be  open  to  public  inspection. 

DUTIES  OF  THE  [SECRETARY1]. 

SECTION  7.  The  [secretary1]  shall  suggest  improve- 
ments in  the  present  system  of  public  schools  to  the  board 
and  to  the  general  court;  shall  visit,  as  often  as  his  other 
duties  will  permit,  different  parts  of  the  commonwealth  for 
the  purpose  of  arousing  and  guiding  public  sentiment  in 
relation  to  the  practical  interests  of  education;  shall  col- 
lect in  his  office  such  school  books,  apparatus,  maps  and 
charts  as  can  be  obtained  without  expense  to  the  common- 
wealth; shall  receive  and  arrange  in  his  office  the  reports 
and  returns  of  the  school  committees;  and  shall  receive, 
preserve  or  distribute  the  state  documents  relative  to  the 
public  school  system.  He  may  also  publish  for  general 
distribution  such  parts  of  the  annual  report  of  the  board 
and  such  other  matters  as  he  may  consider  best  adapted 
to  promote  the  interests  of  public  school  education,  if  the 
expense  thereof  is  paid  out  of  the  appropriation  for  the 
incidental  and  contingent  expenses  of  the  board  and  does 
not  in  any  one  year  exceed  five  hundred  dollars. 

SECTION  8.  He  shall,  under  the  direction  of  the  board, 
give  sufficient  notice  of  and  attend  such  meetings  of  teach- 
ers of  public  schools,  of  members  of  the  school  committees 
of  the  several  towns  and  of  friends  of  education  generally 
in  any  county  as  may  assemble  at  the  time  and  place  des- 
ignated by  the  board;  and  shall  at  such  meetings  devote 
himself  to  collecting  information  relative  to  the  condition 
of  the  public  schools  of  such  county,  the  fulfilment  of 
their  duties  by  the  school  committees  of  all  the  cities  and 
towns,  and  the  condition  of  the  towns  in  regard  to  teach- 
ers, pupils,  books,  apparatus  and  methods  of  education, 
with  a  view  to  enabling  him  to  furnish  all  information 
desired  for  the  annual  report. 

Section  9  is  repealed  by  chapter  234,  Acts  of  1904. 


1  Commissioner  of  Education.    See  footnote,  page  4  of  this  pamphlet. 


Chap.  39.]      THE  BOARD  OF  EDUCATION. 


NORMAL   SCHOOLS. 

SECTION  10.  (As  amended  by  chapter  79,  Acts  of  1912.} 
The  board  shall  have  the  general  management  of  the  state 
normal  schools  and  the  boarding  houses  connected  there-  P.  s.  41,  '§12. 
with,  and  money  appropriated  for  their  maintenance  may 
be  expended  under  its  direction.  The  receipts  from  pupils 
boarded  in  halls  maintained  at  normal  schools  shall  be 
paid  into  the  treasury  of  the  commonwealth  monthly,  and 
so  much  thereof  as  is  necessary  to  pay  the  expenses  of 
wages,  food  and  supplies  for  dormitories  and  kitchens 
shall  be  paid  therefrom  upon  approved  schedules  accom- 
panied by  vouchers  in  the  same  manner  that  other  claims 
against  the  commonwealth  are  paid;  and  all  receipts  from 
other  sources  shall  be  paid  into  the  treasury  of  the  com- 
monwealth monthly  as  a  part  of  the  general  revenue  of 
the  commonwealth.  The  auditor  of  the  commonwealth 
shall  exercise  the  same  direction  of  all  accounts  kept  at 
normal  schools  as  is  authorized  by  section  four  of  chapter 
five  hundred  and  ninety-seven  of  the  acts  of  the  year  nine- 
teen hundred  and  eight.  The  principals  of  the  several  nor- 
mal schools  shall  be  bonded  in  amounts  to  be  approved  by 
the  board  of  education. 

PUPILS  FROM  OTHER  STATES  AND  FOREIGN  COUNTRIES. 

In  addition  to  the  preceding  provisions,  chapter  65,  Resolves  of 
1902,  provides  as  follows:  — 

That  the  state  board  of  education  is  hereby  authorized  to  receive 
in  the  state  normal  schools  pupils  from  other  states  and  from  foreign 
countries  upon  the  payment  of  tuition  fees;  and  also  to  receive  in 
said  schools  upon  the  payment  of  tuition  fees  such  a  number  of 
properly  qualified  teachers  or  persons  intending  to  be  teachers,  from 
Porto  Rico,  Cuba,  Guam,  the  Sandwich  Islands  and  the  Philippine 
Islands,  as  they  may  deem  expedient,  and  to  distribute  them  in 
such  a  manner  among  the  several  schools  aforesaid  as  will  avoid  an 
excessive  demand  upon,  or  serious  inconvenience  to,  the  existing 
facilities  and  equipment  of  the  schools. 

MODEL  AND   PRACTICE    SCHOOLS. 

SECTION  11.     The   cities   of   North   Adams,    Fitchburg  Practice 
and  Lowell  and  the  town  of  Barnstable  shall  each  agree  i894,°457,§§  6,7. 
in  writing  with  the  board  to  provide  suitable  and  sufficient  1896>  133t 
school  buildings  and  model  and  practice  schools  in  connec- 
tion with  the  training  departments  of  the  state  normal 
schools  therein.    The  board  may,  at  the  request  of  a  city 


PUBLIC  INSTRUCTION.          [Chap.  39. 


or  town  in  the  vicinity  of  said  state  normal  schools,  agree 
in  writing  with  such  city  or  town  for  the  maintenance  of 
practice  schools  therein  in  connection  with  such  normal 
schools,  and  may  provide  for  the  payment  of  a  portion  of 
the  compensation  of  the  supervising  teachers  employed  in 
such  practice  schools.  The  treasurer  and  receiver  general 
shall  receive  all  money  payable  under  said  agreements  and 
shall  expend  it  under  the  direction  of  the  board  for  the 
purposes  specified  in  this  section  without  an  appropriation 
therefor. 

Sections  12,  13,  14,  15  and  16  are  repealed  by  chapter 
L,  Acts  of  1904. 


AGRICULTUBAL  EDUCATION  IN  THE   STATE  NORMAL  SCHOOL  AT 

NORTH  ADAMS. 

Chapter  257,  Acts  of  1908,  provides  as  follows:  — 
SECTION  1.    The  state  board  of  education  is  hereby  authorized 
to  make  provision  for  agricultural  education  in  the  normal  school  at 
North  Adams :  provided,  that  the  city  of  North  Adams  shall  contrib- 
ute the  free  use  for  ten  years  of  land  suitable  for  the  purpose. 

SECTION  2.  A  sum  not  exceeding  twenty-five  hundred  dollars 
shall  be  allowed  and  paid  from  the  treasury  of  the  commonwealth 
for  the  establishment  of  the  said  department  and  its  maintenance 
during  the  current  year.1 


Statistics  as  to 
pupils,  in- 
struction, etc. 
1867,  123,  §  1. 
P.  S.  41,  §  13. 


—  blanks  for, 
to  be  prepared. 
1867,  123,  §  2. 
P.  S.  41,  §  14. 
U.  S/Rev.  Sts., 
§516. 


RETURNS    OF    PRIVATE    AND    OTHER    EDUCATIONAL   INSTITU- 
TIONS. 

SECTION  17.  The  trustees,  officers  or  persons  in  charge 
of  literary,  scientific  or  professional  institutions  of  learn- 
ing, incorporated,  supported  or  aided  by  the  common- 
wealth, and  of  all  reform  schools,  almshouses  or  private 
educational  institutions  shall  annually,  on  or  before  the 
first  day  of  June,  make  a  report  in  writing  to  the  board, 
of  such  statistics  as  it  shall  prescribe,  relative  to  the  num- 
ber of  pupils  and  instructors,  courses  of  study,  cost  of  tui- 
tion, and  the  general  condition  of  the  institution  or  school 
under  their  charge. 

SECTION  18.  The  board  shall  prepare  blank  forms  of 
inquiry  for  such  statistics,  and  shall  annually,  on  or  before 
the  tenth  day  of  May,  send  the  same  to  every  such  insti- 
tution or  school.  Said  forms  shall  be  prepared  with  refer- 
ence to  the  requirements  of  the  bureau  of  education  estab- 
lished by  the  government  of  the  United  States. 


1  Expenses  now  provided  for  in  the  annual  State  appropriation. 


Chap.  39.]      THE  BOARD  OF  EDUCATION. 


EDUCATION  OF  THE  DEAF  AND   BLIND. 

SECTION  19.     The  governor  may,  upon  the  request  of  _ 

the  parents  or  guardians  and  with  the  approval  of  the  ||jg' 311,  §  4. 
board,  send  such  deaf  persons  as  he  considers  proper  sub-  iseo!  333! 
jects  for  education,  for  a  term  not  exceeding  ten  years,  P.  s.  4i,'§i6. 
but,  upon  like  request  and  with  like  approval,  he  may  Iff?;  179] 
continue  for  a  longer  term  the  instruction  of  meritorious  iftgjile! 
pupils  recommended  by  the  principal  or  other  chief  officer 
of  the  school  of  which  they  are  members,  to  the  American 
School,  at  Hartford,  for  the  Deaf,  in  the  state  of  Con- 
necticut, to  the  Clarke  School  for  the  Deaf  at  Northamp- 
ton, to  the  Horace  Mann  School  at  Boston,  or  to  any 
other  school  for  the  deaf  in  the  commonwealth,  as  the  par- 
ents or  guardians  may  prefer;  and  with  the  approval  of 
the  board  he  may,  at  the  expense  of  the  commonwealth, 
make  such  provision  for  the  care  and  education  of  children 
who  are  both  deaf  and  blind  as  he  may  deem  expedient. 
No  distinction  shall  be  made  on  account  of  the  wealth  or 
poverty  of  such  children  or  their  parents.  No  such  pupil 
shall  be  withdrawn  from  such  institutions  or  schools  ex- 
cept with  the  consent  of  the  authorities  thereof  or  .of  the 
governor;  and  the  expenses  of  the  instruction  and  support 
of  such  pupils  in  such  institutions  or  schools,  including 
their  necessary  travelling  expenses,  whether  daily  or  other- 
wise, shall  be  paid  by  the  commonwealth;  but  the  parents 
or  guardians  of  such  children  may  pay  the  whole  or  any 
part  of  such  expense. 

SECTION  20.     The  board  shall  direct  and  supervise  the  —supervision 
education  of  all  such  pupils,  and  shall  state  in  its  annual  iseVsff.l  3*' 
report  the  number  of  pupils  so  instructed,  the  cost  of  their  Pt  S-  41' §  17' 
instruction  and  support,  the  manner  in  which  the  money 
appropriated  by  the  commonwealth  therefor  has  been  ex- 
pended and  such  other  information  as  it  considers  impor- 
tant. 

SECTION  21.     The   board   shall   have   the   same  super-  Admission, 
vision  over  the  admission  to,  and  instruction  of  pupils  in,  fortheSiiiS1 
the  Perkins  Institution  and  Massachusetts  School  for  the  ?£?<£  of  board. 
Blind  as  it  now  exercises  over  the  instruction  of  the  deaf  1885>  118> 
under  the  provisions  of  the  two  preceding  sections. 


10 


PUBLIC  INSTRUCTION.         [Chap.  40. 


Teachers'  insti- 
tuted, meetings 

1846,  99,  §  1. 

1848,  10. 

1849,  62. 

G.  S.  35,  §  1. 
P.  S.  42,  §  1. 
1896,  186. 


—  expenses  of. 
1846,  99,  §  3. 
1854,  300,  §§  3,  4. 
Res.  1850,  65. 
G.  S.  35,  §  2. 
1873,  292,  §  1. 
1876,  47,  §  4. 
P.  S.  42,  §  2. 


—  length  of 
session,  and 
expense  of. 
1846,  99,  §  2. 
1849,  62. 
1852,  216. 
G.  S.  35,  §  3. 
P.  S.  42,  §  3. 

Payment  to 
county  teach- 
ers' associations, 
1848,  301,  §  1. 
G.  S.  35,  §§4,  5, 
1864,  58,  §§  1,  2. 
1880,  93. 
P.  S.  42,  §  4. 


—  to  Massa- 
chusetts 
Teachers' 
Association. 
Res.  1880,  30. 
P.  S.  42,  §  5. 


TEACHERS'  INSTITUTES  AND  ASSOCIATIONS. 

[Revised  Laws,  Chapter  40.] 

SECTION  1.  If  twenty-five  teachers  of  public  schools 
in  at  least  three  contiguous  towns  desire  to  form  a  teach- 
ers' institute,  the  board  of  education  shall,  by  a  commit- 
tee, by  its  [secretary *]  or,  in  case  of  his  inability,  by  such 
person  as  it  may  delegate,  appoint  a  time  and  place  for 
such  meeting  and  make  suitable  arrangements  therefor. 

SECTION  2.  An  amount  not  exceeding  three  thousand 
dollars  may  annually  be  paid  [from  the  half  of  the  income 
of  the  Massachusetts  school  fund  not  apportioned  for  dis- 
tribution to  towns]  to  defray  the  necessary  expenses  and 
charges  and  to  procure  teachers  and  lecturers  for  such 
institutes. 

(The  phrase  enclosed  in  brackets  in  the  preceding  section  is  rendered  void 
by  chapter  456,  Acts  of  1903.) 

SECTION  3.  The  board  of  education  may  determine  the 
length  of  the  session  of  such  institute,  and  may  apply  not 
more  than  three  hundred  and  fifty  dollars  from  the  amount 
authorized  by  the  provisions  of  the  preceding  section,  to 
meet  the  expenses  thereof. 

SECTION  4.  (As  amended  by  chapter  383,  Acts  of  1904, 
and  chapter  260,  Acts  of  1905.)  If  a  county  association  of 
teachers  and  others  holds  an  annual  meeting  of  not  less 
than  one  day  for  the  express  purpose  of  promoting  the 
interests  of  public  schools,  it  shall,  upon  filing  with  the 
board  of  education  a  certificate,  under  oath,  of  its  presi- 
dent and  secretary  that  a  meeting  has  been  so  held,  receive 
fifty  dollars  from  the  commonwealth. 

Section  5  is  repealed  by  section  2,  chapter  260,  Acts  of 
1905. 

SECTION  6.  Subject  to  the  approval  of  the  board  of 
education,  three  hundred  dollars  shall  annually  be  allowed 
and  paid  [from  the  half  of  the  income  of  the  Massachu- 
setts school  fund  not  apportioned  for  distribution  to  towns] 
to  the  president  or  treasurer  of  the  Massachusetts  Teach- 
ers' Association,  to  be  applied  to  the  purposes  of  said 
association. 

(The  phrase  enclosed  in  brackets  in  the  preceding  section  is  rendered  void 
by  chapter  456,  Acts  of  1903.) 


1  Commissioner  of  Education.    See  footnote,  page  4  of  this  pamphlet. 


Chap.  41.]  SCHOOL  FUNDS.  11 

SCHOOL  FUNDS. 

[Revised  Laws,  Chapter  41.] 
MASSACHUSETTS  SCHOOL  FUND. 

SECTION  1.     The  present  school  fund  of  the  common-  School  fund. 
wealth,  such  additions  as  may  be  made  thereto  and  any  °nly  *' 


money  received  by  the  commonwealth  from  the  govern-  Rfl'.n^iV. 
ment  of  the  United  States,  the  disposition  of  which  is  not  as.fe3/!  i. 
otherwise  provided  for,  shall  constitute  a  permanent  fund,  J^J^yj 
to  be  called  the  "Massachusetts  School  Fund."    The  prin- 
cipal  thereof   shall   not   be   diminished,   and   the   income 
shall  be  appropriated  as  hereinafter  provided. 

SECTION  2.     The  sum  of  one  hundred  thousand  dollars  —provision 
shall  annually  be  paid  from  the  treasury  of  the  common-  Res.  1394,  90. 
wealth  into  said  fund,  until  the  principal  thereof  amounts 
to  five  millions  of  dollars.  l 


COMMISSIONERS  OF  THE  FUND. 

SECTION  3.     The  [secretary2]  of  the  board  of  education  — 

,       ,  ,  iini  •        ers  to  manage 

and  the  treasurer  and  receiver  general  shall  be  commis-  and  report 


sioners,  who  shall  invest  and  manage  the  fund,  and  report  isTS,  §  2. 
annually  to  the  general  court  the  condition  and  income  §!  I.'  II',  f  L' 
thereof.     The  premiums  on  any  securities  purchased  for  J,86|-  g-  §  2 
said  fund,  to  an  amount  not  exceeding  in  any  one  year  189o.  335,  §  2. 
fifty  thousand  dollars,  may  be  paid  from  any  money  in 
the  treasury  of  the  commonwealth,  not  otherwise  appro- 
priated.     All   investments    shall   be   made    with   the   ap- 
proval of  the  governor  and  council. 

DISTRIBUTION  OF  THE  INCOME  OF  THE  FUND. 

Sections  4  and  5  are  repealed,  and  chapter  J^.56  of  the 
Acts  of  1903  provides  in  place  thereof  as  follows:  — 

SECTION  1.    The  annual  income  of  the  Massachusetts  School  ^f^^Uofon 
Fund  shall,  without  specific  appropriation,  be  apportioned  and  dis-  isssfmffz. 
tributed  for  the  support  of  the  public  schools  in  the  following  man-  ^|  -^  §87.  3 
ner:  —  Every  town  which  complies  with  all  laws  relative  to  the  isss!  96,  '§  2.  ' 
distribution  of  said  income  and  whose  valuation  of  real  and  personal  ^s.  3&,  §  2. 
property,  as  shown  by  the  last  preceding  assessors'  valuation  there-  i866,'2os.' 
of,  does  not  exceed  one  half  million  dollars,  shall  annually  receive  }^9,  m. 
five  hundred  dollars;  but  if  its  rate  of  taxation  for  any  year  shall  be 

1  Dec.  31,  1907,  the  Massachusetts  School  Fund  amounted  to  $5,000,000. 

2  Commissioner  of  Education.    See  footnote,  page  4  of  this  pamphlet. 


12 


PUBLIC  INSTRUCTION.         [Chap.  41. 


1874,  348,  §§1,2. 
P.  S.  43,  §  3. 
1884,  22. 
1891,  177. 
1893,  272. 


School  fund, 
apportion- 
ment of  in- 
come of. 
R.  S.  23,  §§  66, 
67. 

1846,  223  §  5. 
1849, 117,  §§  2,  3. 
G.  S.  36,  §  3. 
1867,  98. 


eighteen  dollars  or  more  on  a  thousand  dollars  it  shall  receive 
seventy-five  dollars  additional;  every  such  town  whose  valuation 
is  more  than  one  half  million  dollars  and  does  not  exceed  one  million 
dollars  shall  receive  three  hundred  dollars;  and  every  such  town 
whose  valuation  is  more  than  one  million  dollars  and  does  not  exceed 
two  million  dollars  shall  receive  one  hundred  and  fifty  dollars;  and 
every  town  whose  valuation  is  more  than  two  million  dollars  and 
does  not  exceed  two  and  one  half  million  dollars  shall  receive  seventy- 
five  dollars.  The  remainder  of  said  income  shall  be  distributed  to 
towns  whose  valuation  does  not  exceed  two  and  one  half  million 
dollars,  and  whose  annual  tax  for  the  support  of  public  schools  is 
not  less  than  one  sixth  of  their  whole  tax  for  the  year,  as  follows :  — 
Every  town  whose  school  tax  is  not  less  than  one  third  of  its  whole 
tax  shall  receive  a  proportion  of  said  remainder  expressed  by  one 
third;  every  town  whose  school  tax  is  not  less  than  one  fourth  of  its 
whole  tax  shall  receive  a  proportion  expressed  by  one  fourth;  every 
town  whose  school  tax  is  not  less  than  one  fifth  of  its  whole  tax  shall 
receive  a  proportion  expressed  by  one  fifth;  and  every  town  whose 
school  tax  is  not  less  than  one  sixth  of  its  whole  tax  shall  receive  a 
proportion  expressed  by  one  sixth.  All  money  appropriated  for 
other  educational  purposes,  unless  otherwise  provided  for,  shall  be 
paid  from  the  treasury  of  the  commonwealth. 

SECTION  2.  The  income  of  said  fund  which  has  accrued  on  the 
thirty-first  day  of  December  in  each  year  shall  be  apportioned  by 
the  commissioners  of  the  Massachusetts  School  Fund  in  the  manner 
provided  for  by  section  one  of  this  act,  and  shall  be  paid  to  the 
several  towns  on  the  twenty-fifth  day  of  January  thereafter. 


USE  OF  THE  INCOME  OF  THE  SCHOOL  FUND. 
SECTION  3.  The  sums  received  by  any  town  under  the  provi- 
sions of  this  act  shall  be  held  by  the  town  treasurer  and  shall  be 
expended  only  for  expenses  in  maintenance  of  the  public  schools 
authorized  by  the  school  committee,  in  accordance  with  existing 
laws;  and  it  shall  be  the  duty  of  the  treasurer  to  keep  a  separate 
account  of  all  sums  so  received  and  expended,  and  the  school  com- 
mittee shall  make  an  annual  report  to  the  state  board  of  education, 
in  such  form  as  may  be  prescribed  by  said  board,  of  the  amount 
received  during  each  year,  the  amount  expended  from  such  receipts, 
the  purpose  for  which  such  expenditures  have  been  made,  in  detail, 
and  the  balance,  if  any,  remaining  unexpended.  And  whenever  it 
appears  that,  in  the  opinion  of  the  state  board  of  education,  the  sums 
paid  to  any  town  have  not  been  used  in  whole  or  in  part  in  accord- 
ance with  the  provisions  of  this  section,  or  that  they  have  not  been 
held  and  accounted  for  separately,  or  that  the  report  thereof  herein 
required  has  not  been  made,  the  commissioners  of  the  school  fund 
are  hereby  authorized  to  withhold,  as  they  may  deem  advisable,  the 
whole  or  any  part  of  the  future  allowances  otherwise  falling  to  such 
town  under  the  provisions  of  this  act. 


Chap.  41.]  SCHOOL   FUNDS.  13 


CERTAIN  CONDITIONS  WITH  WHICH  TOWNS  MUST  COMPLY 
IN  ORDER  TO  RECEIVE  A  PORTION  OF  THE  MASSACHU- 
SETTS SCHOOL  FUND. 

SECTION  6.  (As  amended  by  chapter  340,  Acts  of  1913.) 
No  such  apportionment  and  distribution  shall  be  made  to  be  withheld 

,.,,  ..,  ,        i  .      j   from  certain 

to  a  town  which  has  not  maintained  a  school  as  required  towns. 

»      T  „  i  .    i       .»  ,     .         1834,  169,  §  3. 

by  section  one  01  chapter  forty-two ;  or  which,  it  contain-  1335,  iss,  §  i. 
ing  the  number  of  families  or  householders  required  by  §!  ii  30!  1 36' 
section  two  of  said  chapter,  has  not  maintained,  for  at  Hl^  \*l't  1 2; 
least  thirty-six  weeks  during  the  year,  exclusive  of  vaca-  Jf7|  434>§§5L 
tions,  a  high  school  such  as  is  mentioned  therein;  or  which  jf'o*18^ c?4' 
has  not  made  the  returns  required  by  sections  five  and  six  5i7.]P' " 
of  chapter  forty-three,  and  complied  with  the  laws  relative 
to  truancy;  or  which  has  not  raised  by  taxation  for  the 
support  of  public  schools  which  are  authorized  or  required 
by  law,  including  the  wages  of  teachers,  the  transporta- 
tion of  school  children,  fuel,  the  care  of  fires,  school  rooms 
and  school  premises,  supervision,  text  books  and  supplies, 
and  school  sundries  or  incidentals,  but  excluding  altera- 
tions of  school  buildings  other  than  repairs,  and  construc- 
tion of  schoolhouses  during  the  school  year  embraced  in 
the  last  annual  returns,  an  amount  not  less  than  three 
dollars  for  each  person  between  the  ages  of  five  and  fifteen 
years  resident  in  such  town  on  the  first  day  of  September 
of  said  school  year. 

SECTION  7.    The  income  of  said  fund  shall  be  applied  ^g^JS^ 
by  the  school  committees  of  the  towns  receiving  it  to  the  ^y|°^s§4' 
support  of  the. public  schools  therein;  but  said  committees  p.'s.'43,'§e.' 
may  apply  not  more  than  twenty-five  per  cent  thereof  to 
the  purchase  of  books  of  reference,  maps  and  apparatus 
for  the  use  of  said  schools. 

TOWNS  MUST  COMPLY  WITH  ALL  THE  SCHOOL  LAWS  IN  ORDER  TO 
RECEIVE  ANY  PART  OF  THE  MASSACHUSETTS  SCHOOL  FUND. 
Chapter  107  of  the  Acts  of  1904,  provides  as  follows:  — 
SECTION  1.     No  town  shall  receive  any  part  of  the  income  of  the 

Massachusetts  School  Fund  unless  it  shall  have  complied,  to  the 

satisfaction  of  the  board  of  education,  with  all  laws  relating  to 

the  public  schools. 

FUND  MUST  NOT  BE  USED  FOR  COMPENSATION  OR  EXPENSES  OF 

SCHOOL  COMMITTEES. 

SECTION  2.  No  part  of  the  income  of  the  Massachusetts  School 
Fund  shall  be  used  for  payment  of  the  compensation  or  expenses 
of  members  of  school  committees. 


14 


PUBLIC  INSTRUCTION.         [Chap.  42. 


TODD  NORMAL  SCHOOL  FUND. 


Todd  fund, 
how  applied. 
1850,  63. 
G.  S.  36,  §  7. 
1862,  83,  §  1. 
P.  S.  43,  §  9. 


SECTION  8.  The  income  of  the  Todd  fund  shall  be  paid 
to  the  board  of  education,  to  be  applied  by  said  board  to 
specific  objects,  in  connection  with  the  normal  schools,  not 
provided  for  by  legislative  appropriation. 


i. 


Public  schools. 
Branches 
taught. 
C.  L.  136,  305. 
1692-3,  26,  §  5. 
1789,  19,  §  1. 
1823,  111. 
1826,  143,  §  1. 
R.  S.  23,  §  1. 
1839,  56,  §  1. 
1850,  229. 

1857,  206, 

1858,  5. 

1859,  263. 

G.  S.  38,  §  1. 
1862,  7. 
1870,  248,  §  1. 
1876,  3,  §  1. 
P.  S.  44,  §  1. 

1884,  69. 

1885,  332. 
1894,231:  320, 
II. 

1898,  496,  §  1. 
1900,  218. 
10  Met.  508. 
[1  Op.  A.  G. 
577.] 


THE  PUBLIC  SCHOOLS. 

[Revised  Laws,  Chapter  42.] 

PUBLIC  SCHOOLS;  ALSO  SUBJECTS  OF  STUDY. 
SECTION  1.  (As  amended  by  chapter  181,  Acts  of  1908, 
and  chapter  524,  Acts  of  1910.)  Every  city  and  town  shall 
maintain,  for  at  least  thirty-two  weeks  in  each  year,  a 
sufficient  number  of  schools  for  the  instruction  of  all  the 
children  who  may  legally  attend  a  public  school  therein, 
except  that  in  towns  whose  assessed  valuation  is  less  than 
two  hundred  thousand  dollars,  the  required  period  may, 
with  the  consent  of  the  board  of  education,  be  reduced  to 
twenty-eight  weeks.  Such  schools  shall  be  taught  by 
teachers  of  competent  ability  and  good  morals,  and  shall 
give  instructions  in  orthography,  reading,  writing,  the 
English  language  and  grammar,  geography,  arithmetic, 
drawing,  the  history  of  the  United  States,  physiology  and 
hygiene,  and  good  behavior.  In  each  of  the  subjects  of 
physiology  and  hygiene,  special  instruction  as  to  the  ef- 
fects of  alcoholic  drinks  and  of  stimulants  and  narcotics  on 
the  human  system,  and  as  to  tuberculosis  and  its  preven- 
tion, shall  be  taught  as  a  regular  branch  of  study  to  all 
pupils  in  all  schools  wiiich  are  supported  wholly  or  partly 
by  public  money,  except  schools  which  are  maintained 
solely  for  instruction  in  particular  branches.  Bookkeep- 
ing, algebra,  geometry,  one  or  more  foreign  languages,  the 
elements  of  the  natural  sciences,  kindergarten  training, 
manual  training,  agriculture,  sewing,  cooking,  vocal  music, 
physical  training,  civil  government,  ethics,  thrift, :  and 
such  other  subjects  as  the  school  committee  consider  ex- 
pedient may  be  taught  in  the  public  schools. 


1  See  chapter  524,  Acts  of  1910,  page  15  of  this  pamphlet;  also  section  36,  chapter  211, 
Acts  of  1911,  page  106  of  this  pamphlet. 


Chap.  42.]         THE   PUBLIC   SCHOOLS.  15 


CHAPTER  524,  ACTS  OF  1910. 

AN  ACT  TO  PROVIDE  FOR  COMPULSORY  INSTRUCTION  IN  THRIFT 
IN  THE  PUBLIC  SCHOOLS. 

Section  one  of  chapter  forty-two  of  the  Revised  Laws,  relating 
to  the  subjects  that  shall  be  taught  in  the  public  schools,  as  amended 
by  chapter  one  hundred  and  eighty-one  of  the  acts  of  the  year 
nineteen  hundred  and  eight,  is  hereby  further  amended  by  inserting 
after  the  word  "ethics",  in  the  twenty-fourth  line,  the  word:  — 
thrift. 

INSTRUCTION  IN  THE  PUBLIC  SCHOOLS  IN  THE  APPLICATION  OF 
SURGICAL  REMEDIES  AND  FIRST  AID  FOR  THE  INJURED. 

Chapter  247,  Acts  of  1911,  provides  as  follows:  — 
Instruction  may  be  given  in  the  public  schools  in  the  application 
of  surgical  remedies  in  cases  of  emergency  and  the  principles  of 
first  aid  for  the  injured;  and  school  committees  may  expend  for  this 
purpose  such  sums  from  the  appropriation  for  the  salaries  of  teachers 
as  they  may  deem  necessary. 


HIGH  SCHOOLS. 

SECTION  2.     (As  amended  by  chapter  556,  Acts  of  1914.)  wSfriffii? 
Every  city  and  every  town  containing,  according  to  the  }j|3,  JJi-    l 
latest  census,  state  or  national,  five  hundred  families  or  a-Aw/i*.' 
householders,   shall,   unless   specifically   exempted   by  the  1352!  123! 
board  of  education  and  under  conditions  to  be  defined  by  G.  s.  ss/s  2.' 
it,  and  any  other  town  may,  maintain  a  high  school,  ade-  i?%8J|i. 
quately  equipped,  which  shall  be  kept  by  a  principal  and 
such  assistants  as  may  be  needed,  of  competent  ability  and  }J 
good  morals,  who  shall  give  instruction  in  such  subjects  98  Mass.' 589.' 
designated  in  the  preceding  section  as  the  school  commit- 
tee consider  expedient  to  be  taught  in  the  high  school. 
Any  high  school  maintained  by  a  town  required  to  belong 
to  a  superintendency  union  shall  be  maintained  in  accord- 
ance with  standards  of  organization,  equipment  and  in- 
struction approved  from  time  to  time  by  the  board  of 
education.     One  or  more  courses  of  study,  at  least  four 
years  in  length,  shall  be  maintained  in  each  such  high 
school  and  it  shall  be  kept  open  for  the  benefit  of  all  the 
inhabitants  of  the  city  or  town  for  at  least  forty  weeks, 
exclusive  of  vacations,  in  each  year.     A  town  may  cause 
instruction  to  be  given  in  a  portion  only  of  the  foregoing 
requirements  if  it  makes  adequate  provision  for  instruc- 
tion in   the  others  in  the  high  school  of  another  city  or 
town. 


16  PUBLIC  INSTRUCTION.         [Chap.  42. 


PAYMENT  OF  TUITION  IN  OUTSIDE  HIGH  SCHOOLS,  STATE 
KEIMBURSEMENT  THEREOF,  AND  STATE  AID  TO  CER- 
TAIN APPROVED  HIGH  SCHOOLS;  ALSO  PAYMENT  OF 
TRANSPORTATION  OF  PUPILS  TO  OUTSIDE  HIGH  SCHOOLS. 

SECTION  3.  (As  amended  by  chapter  4$3,  Acts  of  1902, 
.  chapter  537,  Acts  of  1911,  and  chapter  396,  Acts  of  1913.) 
;894!436i  A  town  of  less  than  five  hundred  families  or  householders 
i89s!  496',  §  3.  in  which  a  public  high  school  or  a  public  school  of  corre- 
171 E:  SOL  spending  grade  is  not  maintained  shall  pay  for  the  tuition 
427°]P'A'G'  °f  any  cnild  wno  resides  in  said  town  and  who,  with  the 
previous  approval  of  the  school  committee  of  his  town, 
attends  the  high  school  of  another  town  or  city.  If  such 
town  neglects  or  refuses  to  pay  for  such  tuition,  it  shall 
be  liable  therefor  to  the  parent  or  guardian  of  a  child  who 
has  been  furnished  with  such  tuition  if  the  parent  or 
guardian  has  paid  for  the  same,  and  otherwise  to  the  city 
or  town  furnishing  the  same,  in  an  action  of  contract.  If 
the  school  committee  of  a  town  in  which  a  public  high 
school  or  public  school  of  corresponding  grade  is  not  main- 
tained refuses,  upon  the  completion  by  a  pupil  resident 
therein  of  the  course  of  study  provided  by  it,  to  approve 
his  attendance  in  the  high  school  of  some  other  city  or 
town  which  he,  in  the  opinion  of  the  superintendent  of 
schools  of  the  town  in  which  he  is  resident  is  qualified  to 
enter,  the  town  shall  be  liable  in  an  action  of  contract  for 
his  tuition.  A  town  whose  valuation  is  less  than  one 
million  dollars  shall  be  entitled  to  receive  from  the  treas- 
ury of  the  commonwealth  all  necessary  amounts,  and  a 
town  whose  valuation  exceeds  one  million  dollars,  but 
whose  number  of  families  is  less  than  five  hundred,  shall 
be  entitled  to  receive  from  the  treasury  of  the  common- 
wealth half  of  all  necessary  amounts  which  have  actually 
been  expended  for  high  school  tuition  under  the  provi- 
sions of  this  section:  provided,  that  such  expenditures  shall 
be  certified  under  oath  to  the  board  of  education  by  its 
school  committee  within  thirty  days  after  the  date  of  such 
expenditure;  [but,  if  a  town  of  less  than  five  hundred  f ami- 
dies  maintains  a  high  school  of  its  own  of  the  character 
described  in  section  two  of  this  chapter  and  employs  at 
least  two  teachers  therein,  it  shall  be  entitled  to  receive 
annually  from  the  treasury  of  the  commonwealth  toward 
the  support  of  such  high  school  the  sum  of  three  hundred 
dollars.  No  town  the  valuation  of  which  averages  a  larger 


Chap.  42.]         THE   PUBLIC    SCHOOLS.  17 

sum  for  each  pupil  in  the  average  membership  of  its  pub- 
lic schools  than  the  corresponding  average  for  the  com- 
monwealth shall  receive  money  from  the  commonwealth 
under  the  provisions  of  this  section;  and  no  expenditure 
shall  be  made  by  the  commonwealth  on  account  of  high 
school  instruction  under  the  provisions  of  this  section  un- 
less the  high  school  in  which  such  instruction  is  furnished 
has  been  approved  by  the  board  of  education.]  A  town  Transportation 
of  less  than  five  hundred  families  or  householders,  in  which  townfnaving 
a  public  high  school  or  public  school  of  corresponding  £t°chlgh 
grade  is  not  maintained,  shall,  through  its  school  commit- 
tee, when  necessary,  provide  for  the  transportation  of  any 
child  who  resides  in  said  town  and  who,  with  the  previous 
approval  of  the  school  committee  of  the  town,  attends  the 
high  school  of  any  other  town  or  city,  and  shall  pay  for 
the  expense  of  such  transportation  a  sum  not  exceeding 
one  dollar  and  fifty  cents  per  week  during  the  time  of 
actual  attendance  of  such  child  in  the  high  school.  If  any 
town  fails  to  provide  such  transportation,  it  shall  be  liable 
in  an  action  of  contract,  to  the  parent  or  guardian  of  a 
child  who  has  been  furnished  with  such  transportation  for 
such  amounts,  not  exceeding  one  dollar  and  fifty  cents  per 
week,  as  the  parent  or  guardian  has  paid  for 'the  same.  A 
town  which  has  expended  for  the  support  of  its  public 
schools  for  the  preceding  year  from  the  proceeds  of  local 
taxation  an  amount  not  less  than  four  and  less  than  five 
dollars  per  thousand  dollars  of  valuation  shall  receive  from 
the  treasury  of  the  commonwealth  one  half  of  the  amount 
actually  expended  for  transportation  under  the  provisions 
of  this  act;  and  a  town  which  has  expended  from  the  pro- 
ceeds of  local  taxation  for  the  support  of  its  public  schools 
for  the  preceding  year  an  amount  equal  to  at  least  five 
dollars  per  thousand  of  valuation  shall  receive  from  the 
treasury  of  the  commonwealth  the  whole  transportation 
under  the  provisions  of  this  act. 

(Chapter  427,  Acts  of  1908,  as  given  below,  takes  the  place  of  that  part  of 
the  above  section  enclosed  in  brackets.) 

STATE  AID  FOR  HIGH  SCHOOLS  IN  SMALL  TOWNS. 

Chapter  200,  Acts  of  1906,  as  amended  by  chapter  427,  Acts  of 
1908,  provides  as  follows :  — 

SECTION  1.    If  a  town  of  less  than  five  hundred  families  main-  state  aid  for 
tains  a  high  school  of  its  own  of  the  character  described  in  section 
two  of  chapter  forty-two  of  the  Revised  Laws,  and  employs  at  least 


18 


PUBLIC  INSTRUCTION.         [Chap.  42. 


Payments  not 
to  be  made 
except  by 
authority  of 
this  act. 


Certification  of 
certain  high 
school  teach- 
ers, etc. 


Conditions 
under  which 
certificates  shall 
be  issued. 


List  of  teachers 
to  be  kept  by 
the  commis- 
sioner of  edu- 
cation. 


two  teachers  therein,  it  shall  be  entitled  to  receive  annually  from  the 
treasury  of  the  commonwealth  toward  the  support  of  such  high 
school  the  sum  of  five  hundred  dollars.  But  no  town  the  valuation 
of  which  averages  a  larger  sum  for  each  pupil  in  the  average  mem- 
bership of  its  public  schools  than  the  corresponding  average  for  the 
commonwealth,  shall  receive  money  from  the  commonwealth  under 
the  provisions  of  this  section;  and  no  expenditures  shall  be  made 
by  the  commonwealth  on  account  of  high  school  instruction  under 
the  provisions  of  this  section  unless  the  high  school  in  which  such 
instruction  is  furnished  has  been  approved  by  the  state  board  of 
education. 

SECTION  2.  No  payment  shall  be  made  from  the  treasury  of 
the  commonwealth  under  authority  of  said  chapter  two  hundred, 
except  in  accordance  with  section  one  of  said  act  as  hereb}^  amended. 

CERTIFICATION  BY  THE  BOARD  OP  EDUCATION  OF  HIGH  SCHOOL 
TEACHERS  IN  STATE-AIDED  HIGH  SCHOOLS. 

Chapter  375,  Acts  of  1911,  provides  as  follows:  — 

SECTION  1.  After  July  first,  nineteen  hundred  and  twelve,  no 
person  shall  be  eligible  to  teach  a  high  school  aided  directly  by  the 
commonwealth,  as  provided  in  chapter  two  hundred  of  the  acts  of 
the  year  nineteen  hundred  and  six,  as  amended  by  chapter  four 
hundred  and  twenty-seven  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  who  does  not  hold  a  high  school  teacher's  certificate  issued 
by  the  board  of  education,  in  accordance  with  section  two  hereof. 

SECTION  2.  It  shall  be  the  duty  of  the  board  of  education  to 
define  the  conditions  on  which  high  school  teachers'  certificates 
shall  be  given  and  held,  and  to  grant  such  certificates  to  candidates 
who  shall  be  found  qualified  by  examination  or  otherwise;  but  any 
person  with  a  satisfactory  record  as  teacher  for  a  period  of  not  less 
than  six  months  in  the  high  schools  of  this  commonwealth  shall  be 
entitled  to  a  certificate  to  that  effect,  under  this  act,  if  applied  for 
prior  to  July  first,  nineteen  hundred  and  twelve,  but  not  otherwise. 

SECTION  3.  A  list  of  teachers  holding  high  school  teachers' 
certificates  under  this  act  shall  be  kept  in  the  office  of  the  commis- 
sioner of  education,  and  shall  be  sent  to  superintendents  and  school 
committees  in  the  commonwealth,  at  their  request. 


UNION  HIGH  SCHOOL  DISTRICTS. 

High  school          SECTION  4.    Two  adjacent  towns,  each  having  less  than 

districts  in  _          1  -IIP         •  i  •  ••  111 

adjacent  towns,  five  hundred  families  or  householders,  may  vote  to  form 
one  high  school  district  for  establishing  a  high  school. 

G.  S.  38,  §  3.  P.  S.  44,  §  3.  103  Mass.  99. 


Committee, 
how  chosen. 
Powers. 
1848,  279,  §  2. 
G.  S.  38,  §  4. 
P.  S.  44,  §  4. 


—  to  deter- 
mine location 
of  school  house. 


SECTION  5.  The  school  committees  of  such  towns  shall 
elect  one  person  from  each  of  their  respective  boards,  and 
the  persons  so  elected  shall  form  the  committee  for  the 
management  and  control  of  such  school,  with  all  the 
powers  of  school  committees. 

SECTION  6.  Such  committee  shall  determine  the  loca- 
tion of  the  school  house,  if  one  is  authorized,  to  be  built 


Chap.  42.]         THE   PUBLIC   SCHOOLS.  19 

by  the  towns  of  such  high  school  district;  otherwise,  it  ^4|23789'§§53- 
shall  authorize  the  location  of  such  school  alternately  in  p.'s.'44,'§V 
the  two  towns. 

SECTION  7.    The  proportion  to  be  paid  by  each  town  Expenses 
for  the  erection  of  a  permanent  school  house  for  such  i848?r279?§  *. 
school,  for  its  support  and  maintenance  and  for  all  in-  p'j'lf'l^ 
cidental   expenses   attending   the   same,    unless   otherwise 
agreed,  shall  be  according  to  its  proportion  of  the  county 
tax. 

UNION  SCHOOLS. 

SECTION  8.    Two  or  more  towns  may  severally  vote  to  union  schools 
establish  union  schools  for  the   accommodation  of  such  SoreTowns. 
contiguous  portions  of  each  as  shall  be  mutually  agreed  p.6|.  4?'§§  10, 
upon.    The  management  and  control  of  such  schools,  the  Us  Mass.  99. 
location  of  the  same  or  of  the  school  houses  therefor,  and 
the  apportionment  of  the  expenses  of  erecting  such  school 
houses  and  of  the  support  and  maintenance  of  said  schools, 
with  all  expenditures  incident  to  the  same,  shall  be  gov- 
erned by  the  provisions  of  the  three  preceding  sections. 

MANUAL  TRAINING. 

SECTION  9.     Every   city   and   town   containing   twenty  Manual 
thousand  inhabitants  or  more  shall  maintain  the  teaching  IsS^m. 
of  manual  training  as  part  of  both  its  elementary  and  its  1898«496'§4- 
high  school  system. 

INDUSTRIAL  SCHOOLS. 

Section  10  is  repealed.     See  page  74  of  this  pamphlet  for 
section  8,  chapter  505,  Acts  of  1906,  on  industrial  education. 

EVENING  SCHOOLS. 

SECTION  11.     (As  amended  by  chapter  590,  Acts  of  191 4.)  ^ooisg 
Any  town  may,  and  every  city  or  town  in  which  there  are  p7|°|*8'  §72- 
issued  during  the  year  from  September  first  to  August  msl  174,  §  i. 
thirty-first    certificates    authorizing    the    employment    of  1898' 496>  §  5< 
twenty  or  more  persons  who  do  not  possess  the  educational 
qualifications  enumerated  in  section  one  of  chapter  forty- 
four  of  the  Revised  Laws,  as  amended,  shall  maintain  dur- 
ing the  following  school  year  an  evening  school  or  schools 
for  the  instruction  of  persons  over  fourteen  years  of  age 
in  orthography,  reading,  writing,  the  English  language  and 
grammar,  geography,  arithmetic,  industrial  drawing,  both 


20 


PUBLIC  INSTRUCTION.         [Chap.  42. 


free  hand  and  mechanical,  the  history  of  the  United  States, 
physiology  and  hygiene  and  good  behavior.  Such  other 
subjects  may  be  taught  in  such  schools  as  the  school  com- 
mittee considers  expedient. 


Evening  high 
schools. 
1886,  236,  §  1. 
1898,  496,  §  6. 


Notices  as  to 
evening 
schools. 
1887,  433,  §  4. 


EVENING  HIGH  SCHOOLS. 

SECTION  12.  Every  city  of  fifty  thousand  or  more  in- 
habitants shall  maintain  annually  an  evening  high  school, 
in  which  shall  be  taught  such  subjects  as  the  school  com- 
mittee thereof  consider  expedient,  if  fifty  or  more  resi- 
dents, fourteen  years  of  age  or  over,  who  are  competent 
in  the  opinion  of  the  school  committee  to  pursue  high 
school  studies  shall  petition  in  writing  for  an  evening 
high  school  and  certify  that  they  desire  to  attend  such 
school. 

SECTION  13.  The  school  committee  shall,  two  weeks 
next  before  the  opening  of  each  term  of  the  evening 
schools,  post  in  three  or  more  public  places  of  their  city 
or  town  notice  of  the  location  of  said  schools,  the  date  of 
the  beginning  of  the  term,  the  evenings  of  the  week  on 
which  they  shall  be  kept,  such  regulations  as  to  attendance 
as  they  deem  proper,  and  the  provisions  of  section  thirty- 
five  of  chapter  one  hundred  and  six. x 


PAYMENT  OF  A  FEE  FOR  INSTRUCTION  IN  THE  EVENING  SCHOOLS. 

Chapter  309,  Acts  of  1911,  provides  as  follows:  — 

Payment  of  a         School  committees  in  cities  and  towns  in  which  evening  schools 

tionhi  evening   are  maintained  may  require  from  each  student  not  bound  by  law 

school.          =  to  attend,  an  advance  payment  not  exceeding  one  dollar,  which 

sum  may,  at  the  discretion  of  the  committee,  be  turned  into  the 

city  or  town  treasury  to  be  credited  to  the  school  appropriation  of 

such  city  or  town,  or  it  may  be  returned  in  part  or  in  whole  to  the 

student  at  such  time  and  under  such  conditions  as  the  committee 

may  determine. 


Free  evening 
lectures. 


1900,  166. 


FREE  EVENING  LECTURES. 

SECTION  14.  The  school  committee  may  employ  com- 
petent persons  to  deliver  lectures  on  the  natural  sciences, 
history  and  kindred  subjects,  and  may  provide  cards  or 
pamphlets  giving  the  titles  and  authors  of  books  of  refer- 
ence on  the  subject-matter  of  said  lectures  which  are  con- 
tained in  the  local  public  libraries. 


1  This  reference  should  be  made  to  section  66  (as  amended),  chapter  514,  Acts  of  1909. 
See  page  64  of  this  pamphlet. 


Chap.  42.          THE  PUBLIC  SCHOOLS.  21 


VACATION  SCHOOLS. 

SECTION  15.    The  school  committee  of  a  city  or  town  vacation 
may  establish  and  maintain  schools  to  be  kept  open  during  i899,°246. 
the  whole  or  any  part  of  the  summer  vacation;  but  at- 
tendance thereon  shall  not  be  compulsory  or  be  considered 
as  a  part  of  the  school  attendance  required  by  law. 

EXHIBITION  OF  PUBLIC  SCHOOL  WORK. 

Chapter  172,  Acts  of  1904,  provides  as  follows  :  — 

The  school  committee  of  any  city  or  town  may,  at  any  national,  ^°eSieTforbe 
state  or  foreign  exposition,  make  an  exhibition  showing  the  char-  exhibition  of 
acter,  standing  or  work  of  the  public  schools  of  the  city  or  town,  J£0ko]°a£  public 
and  may  for  that  purpose  expend  part  of  the  money  raised  by  taxa- 
tion for  school  purposes  in  the  year  in  which  the  appropriation  is 
made. 

AUTHORITY   OF   SCHOOL   COMMITTEES    OVER    ORGANIZATIONS   OF 
SCHOOL  PUPILS. 

Chapter  251,  Acts  of  1906,  provides  as  follows:  — 

SECTION  1.  The  school  committee  may  supervise  and  control  ^teesTocon- 
all  athletic  organizations  composed  of  pupils  of  the  public  schools  ££1  afhietic°n 
and  bearing  the  name  of  the  school.  ?n?chootions 

SECTION  2.     It  may  directly  or  through  an  authorized  represent-  May  make  con. 
ative   determine   under  what  conditions  such  organizations  may  ditkmsfor 
enter  into  competition  with  similar  organizations  in  other  schools. 


SCHOOL  COMMITTEES  MAY  EXPEND  MONEY  FOR  THE  SUPERVISION 

OF  SPORTS. 

Chapter  314,  Acts  of  1911,  provides  as  follows:  — 

School  committees  in  cities  and  towns  may  expend  money,  as  it  Supervision  of 
is  now  expended  for  public  school  purposes,  for  the  supervision  of  sPorts'  etc- 
play  and  games  on  land  under  their  control  and  for  the  equipment 
thereof. 

NAUTICAL  SCHOOLS. 

SECTION  16.     A  town  may  establish  and  maintain,  upon  Nautical 
shore  or  upon  vessels  at  the  election  of  the  school  com-  ig-rajSg. 
mittee,  one  or  more  schools  for  training  young  men  or  p-  s-  44>  §  9- 
boys  in  nautical  duties;  such  schools  shall  be  subject  to 
the  provisions  of  section  ten,  except  that  the  school  com- 
mittee may  excuse  boys  attending  such  nautical  schools 
from  attendance  on  other  schools. 

FEMALE  ASSISTANTS. 

SECTION  17.     In  every  public  school  having  an  average  Female 
of   fifty  pupils,   one   or  more   female   assistants   shall   be  S?56,ts§i. 
employed  unless  the  town  votes  otherwise.  p'.j'.lf'.lu. 


22 


PUBLIC  INSTRUCTION.        [Chap.  42. 


Duty  of  in- 
structors in 
colleges,  etc. 
Const.,  c.  5,  §  2. 
C.  L.  136,  §  3. 
1789,  19,  §  4. 
1826,  143,  §  3. 
R.  S.  23,  §  7. 
G.  S.  38,  §  10. 
P.  S.  44,  §  15. 
12  Allen,  127. 


MORAL  INSTRUCTION. 

SECTION  18.  The  president,  professors  and  tutors  of 
the  university  at  Cambridge  and  of  the  several  colleges, 
all  preceptors  and  teachers  of  academies  and  all  other  in- 
structors of  youth  shall  exert  their  best  endeavors  to  im- 
press on  the  minds  of  children  and  youth  committed  to 
their  care  and  instruction  the  principles  of  piety  and  jus- 
tice and  a  sacred  regard  for  truth,  love  of  their  country, 
humanity  and  universal  benevolence,  sobriety,  industry 
and  frugality,  chastity,  moderation  and  temperance,  and 
those  other  virtues  which  are  the  ornament  of  human  so- 
ciety and  the  basis  upon  which  a  republican  constitution 
is  founded;  and  they  shall  endeavor  to  lead  their  pupils, 
as  their  ages  and  capacities  will  admit,  into  a  clear  under- 
standing of  the  tendency  of  the  above-mentioned  virtues 
to  preserve  and  perfect  a  republican  constitution  and  se- 
cure the  blessings  of  liberty  as  well  as  to  promote  their 
future  happiness,  and  also  to  point  out  to  them  the  evil 
tendency  of  the  opposite  vices. 


Bible  to  be 
read  in  schools. 
1826,  143,  §  7. 
R.  S.  23,  §  23. 
1855,  410. 
G.  S.  38,  §  27. 
1862,  57. 
1880,  176. 
P.  S.  44,  §  32. 
12  Allen,  127. 


BIBLE  TO  BE  READ  IN  THE  SCHOOLS. 

SECTION  19.  A  portion  of  the  Bible  shall  be  read  daily 
in  the  public  schools,  without  written  note  or  oral  com- 
ment; but  a  pupil  whose  parent  or  guardian  informs  the 
teacher  in  writing  that  he  has  conscientious  scruples 
against  it,  shall  not  be  required  to  read  from  any  particu- 
lar version,  or  to  take  any  personal  part  in  the  reading. 
The  school  committee  shall  not  purchase  or  use  school 
books  in  the  public  schools  calculated  to  favor  the  tenets 
of  any  particular  religious  sect. 


Patriotic 
exercises. 
1890,  111. 


MEMORIAL  DAY. 

SECTION  20.  In  all  the  public  schools  the  last  regular 
session,  or  a  portion  thereof,  prior  to  the  thirtieth  day  of 
May,  known  as  Memorial  Day,  shall  be  devoted  to 
patriotic  exercises. 


i894,lai5id' 


VIVISECTION  AND  DISSECTION. 

SECTION  21.  No  person  shall,  in  the  presence  of  a 
pupil  in  any  public  school  or  of  a  minor  there  present, 
practice  vivisection,  or  exhibit  an  animal  which  has  been 


Chap.  42.]         THE  PUBLIC  SCHOOLS. 

vivisected.  Dissection  of  dead  animals  or  of  any  portions 
thereof  in  the  public  schools  shall  be  confined  to  the  class 
room  and  to  the  presence  of  pupils  engaged  in  the  study 
to  be  illustrated  thereby  and  shall  in  no  case  be  for  the 
purpose  of  exhibition.  Whoever  violates  the  provisions 
of  this  section  shall  be  punished  by  a  fine  of  not  less  than 
ten  nor  more  than  fifty  dollars. 

TOWNS  SHALL  KAISE  MONEY  FOR  THE  SUPPORT  OF  SCHOOLS. 

SECTION  22.     Towns  shall  raise  by  taxation  money  nee-  TO™  praise 
essary  for  the  support  of  public  schools.  schools.0* 

R.  S.  23,  §  9.  G.  S.  38,  §  12.  P.  S.  44,  §  17.  10  Met.  513.  1826'  143(  §  4' 

SECTION   23.      A   town   which    refuses    or    neglects   to  Forfeiture  for 
raise  money  for  the  support   of  schools  as  required  by 
this  chapter  shall  forfeit  an  amount  equal  to  twice  the 
highest  sum  ever  before  voted  for  the  support  of  schools 
therein.     A  town  which  refuses  or  neglects  to  choose  a  > 

school  committee  shall  forfeit  not  less  than  five  hundred  ^f -2233/§  60- 
nor  more  than  one  thousand  dollars,  to  the  use  of  the  G.  s.  38,'§  14. 
county.  P.  s.  44,  §  19.  n  Gush.  ITS. 

SECTION  24.  Three-fourths  of  such  forfeiture  so  paid 
shall  be  paid  by  the  county  treasurer  to  the  school  com- 
mittee,  if  any;  otherwise,  to  the  selectmen  of  the  town  }789,  i9§  7^ 
from  which  it  has  been  recovered,  who  shall  appropriate  R.  j  »,'§  ei." 
it  to  the  support  of  the  schools  of  such  town  as  if  it  had  p.' s.' 44,' §20.' 
been  regularly  raised  by  the  town  for  that  purpose. 

TOWNS   MAY   RAISE   MONEY   FOR   THE    CONVEYANCE   OF   SCHOOL 

CHILDREN. 

Chapter  25,  section  15,  Revised  Laws,  provides  that  a  town  may 
at  legal  meetings  appropriate  money  "For  conveying  pupils  to  and 
from  the  public  schools,  or,  if  it  maintains  no  high  school  or  public 
school  of  corresponding  grade  but  affords  high  school  instruction 
by  sending  pupils  to  other  towns,  for  the  necessary  transportation 
expenses  of  such  pupils,  the  same  to  be  expended  by  the  school 
committee  in  its  discretion." 

TRANSPORTATION  OF  CHILDREN  LIVING  ON  ISLANDS. 
Chapter  483,  Acts  of  1903,  provides  as  follows:  — 
The  state  board  of  education  is  hereby  authorized  to  furnish  or 
provide  transportation  to  and  from  school  for  such  children  of 
school  age  as  may  be  living  upon  islands  within  the  commonwealth 
which  are  not  provided  with  schools,  in  cases  where  the  city  or  town 
within  the  limits  of  which  such  islands  are  situated  is  not  required 
by  law  to  provide  such  transportation. 


24 


PUBLIC  INSTRUCTION.         [Chap.  42. 


TRANSPORTATION,  BY  STREET  AND  ELEVATED  RAILWAY  COMPANIES, 
OF  PUPILS  OF  THE  PUBLIC  DAY  AND  PUBLIC  EVENING  SCHOOLS 
AND  PRIVATE  SCHOOLS,  AND  PUPILS  OF  INDUSTRIAL  SCHOOLS. 

Chapter  530,  Acts  of  1908,  as  amended  by  chapter  567,  Acts  of 
1910,  provides  as  follows:  — 

SECTION  1.  (As  amended.)  The  rates  of  fare  charged  by  street 
or  elevated  railway  companies  for  the  transportation  of  pupils  of  the 
public  day  schools  or  public  evening  schools  or  industrial  day  or  even- 
ing schools  organized  under  the  provisions  of  chapter  five  hundred 
and  five  of  the  acts  of  the  year  nineteen  hundred  and  six  and  acts  in 
amendment  thereof,  or  private  schools  between  a  given  point,  from 
or  to  which  it  is  necessary  for  them  to  ride  in  travelling  to  or  from 
the  schoolhouses  in  which  they  attend  school  and  their  homes, 
whether  such  schoolhouses  are  located  in  the  city  or  town  hi  which 
the  pupils  reside  or  in  another  city  or  town,  shall  not  exceed  one 
half  the  regular  fare  charged  by  such  street  or  elevated  railway 
company  for  the  transportation  of  other  passengers  between  said 
points,  and  tickets  for  the  transportation  of  pupils  as  aforesaid, 
good  during  the  days  or  evenings  on  which  said  schools  are  in  ses- 
sion, shall  be  sold  by  said  companies  in  lots  of  ten  each.  A  railway 
company  which  violates  the  provisions  of  this  section  shall  forfeit 
twenty-five  dollars  for  each  offence. 

SECTION  2.  Section  ninety-nine  of  Part  III  of  chapter  four  hun- 
dred and  sixty-three,  and  chapter  four  hundred  and  seventy-nine, 
of  the  acts  of  the  year  nineteen  hundred  and  six  are  hereby  repealed. 


Commence- 
ment of  term. 
1846,  223,  §  1. 
G.  S.  38,  §  20. 
1865,  134. 
P.  S.  44,  §  25. 

Records; 
secretary. 
1838,  105,  §  3. 
G.  S.  38,  §  22. 
P.  S.  44,  §  27. 
116  Mass.  367. 
Duties  of  school 
committee. 


G.  S.  38,  , 
P.  S.  44,  §! 
1883,  174, 
1886,  236, 
1898,  496, 


16. 
7,21. 


SCHOOL  COMMITTEES. 

SECTION  25.  In  cities  in  which  no  other  provision  is 
made,  the  term  of  office  of  members  of  the  school  com- 
mittee shall  commence  at  the  same  time  as  is  provided  for 
members  of  the  city  council. 

SECTION  26.  The  school  committee  shall  appoint  a  sec- 
retary who  shall  keep  a  permanent  record  book,  in  which 
all  its  votes,  orders  and  proceedings  shall  be  recorded. 

SECTION  27.  It  shall  have  the  general  charge  and  super- 
intendence of  all  the  public  schools,  industrial  schools, 
evening  schools  and  evening  high  schools.  It  may  deter- 
mine the  number  of  weeks  in  each  year  and  the  hours  dur- 
ing which  such  evening  schools  shall  be  kept  and  may 
make  regulations  as  to  the  attendance  therein. 


School  com- 
mittee to  con- 
tract with 
teachers. 
1838,  105,  §  2. 
1859,  60. 
G.|S.f38,§   23. 


SELECTION  AND  EXAMINATION  OF  TEACHERS. 

SECTION  28.  It  shall  select  and  contract  with  the  teach- 
ers of  the  public  schools,  shall  require  full  and  satisfac- 
tory evidence  of  their  moral  character,  and  shall  ascertain 
by  personal  examination  their  qualifications  for  teach- 


Chap.  42.]         THE  PUBLIC  SCHOOLS.  25 

ing  and  their  capacity  for  the  government  of  schools;    or  p.gs.4^§28. 
in  lieu  thereof,  may  accept  the  diplomas  granted  by  the  1894!  329J  §  4. 
state  normal  schools  of  this  commonwealth  to  their  gradu-  9  S£n,  fl' 
ates  [or  the  certificate  issued  under  the  provisions  of  sec-  9S 
tion  fourteen  of  chapter  thirty-nine.] 

(The  phrase  enclosed  in  brackets  in  the  above  section  is  rendered  void  by 
chapter  234,  Acts  of  1904.) 

TEACHER'S  CERTIFICATE  OF  QUALIFICATIONS. 

SECTION  29.     Every  teacher  shall,  before  he  opens  any  Jj-^JJJ*^6" 
public  school,  obtain  from  the  school  committee  a  certifi-  certificate; 
cate  in  duplicate  of  his  qualifications,  one  of  which  shall  paidnai 
be  deposited  with  the  selectmen,  or,  in  a  city,  with  the  O.»'\M. 
auditor  or  treasurer  or  with  any  officer  who  may  be  pre-  }fig;  }£|; 
scribed  in  the  charter,  before  any  payment  is  made  to  him  p-|-|48>||94- 
on  account  of  his  services,  and  upon  so  filing  such  certifi-  in  Mass.  128. 
cate,  he  shall  be  entitled  to  receive,  on  demand,  his  wages 
due  at  the  expiration  of  any  quarter,  or  term  longer  or 
shorter  than  a  quarter,  or  upon  the  close  of  any  single 
term  of  service,  subject  to  the  provisions  of  section  eleven 
of  chapter  forty-three. 

Section  30  is  repealed  by  chapter  JfiG,  Acts  of  1903. 

DISMISSAL  OF  TEACHERS. 

SECTION  31.     The   school   committee   may  dismiss  any£j™jj^lof 
teacher  from  employment,  and  he  shall   receive  no  com-  1844,32.' 
pensation  for  services  rendered  after  such  dismissal.  p.*  s.' 44,' §30.' 

12  Gray,  339. 
(See  also  chapter  714,  Acts  of  1914,  as  given  below.)  Jo^Jf1' 


TENURE  OF  OFFICE  OF  TEACHERS. 

SECTION  32.    The  school  committee  may  elect  a  teacher  Tenure  of 

1-1  i  1*1  IT  i         n   .  .  office  of 

who  has  served  as  such  in  the  public  schools  of  its  city  or  teachers. 
town  for  not  less  than  one  year  to  serve  as  such  at  the 
pleasure  of  the  committee. 

(See  also  chapter  714,  Acts  of  1914,  as  given  below.) 

CHAPTER  714,  ACTS  OF  1914. 

TENURE    OF   OFFICE    OF   TEACHERS   AND   SUPERINTENDENTS   OF 

SCHOOLS. 

SECTION  1.  The  school  committee  of  a  city  or  town,  in  electing 
a  teacher  or  superintendent  who  has  served  in  the  public  schools  of 
its  city  or  town  for  the  three  previous  consecutive  years,  shall  em- 
ploy such  teacher  or  superintendent  to  serve  at  the  discretion  of  the 
school  committee,  subject  to  the  provisions  of  section  two  of  this  act. 


26  PUBLIC  INSTRUCTION.         [Chap.  42. 

SECTION  2.  The  school  committee  may  dismiss  any  teacher  or 
superintendent  from  employment  by  a  two  thirds  vote  of  the  whole 
committee,  and  such  teacher  or  superintendent  shall  not  receive 
any  compensation  for  service  rendered  after  such  dismissal:  pro- 
vided, that  a  teacher  or  superintendent  employed  to  serve  at  the 
discretion  of  the  school  committee,  as  provided  in  section  one  of 
this  act,  shall  not  be  dismissed  unless,  at  least  thirty  days  prior  to 
the  meeting,  exclusive  of  customary  vacation  periods,  at  which  the 
committee  votes  upon  the  question  of  his  dismissal,  he  shall  have 
been  given  notice  of  the  intention  of  the  school  committee  to  vote 
upon  the  question  of  his  dismissal,  nor  unless  he  shall  have  been  given, 
upon  his  request,  a  statement  by  the  school  committee  of  the  reasons 
for  which  his  dismissal  is  proposed;  nor  unless,  also,  in  the  case  of 
a  teacher,  the  superintendent  of  schools  shall  have  given  to  the 
school  committee  his  recommendations  as  to  the  proposed  dismissal. 

SECTION  3.  (1)  No  teacher  employed  to  serve  at  the  discretion 
of  the  school  committee,  as  provided  in  section  one  of  this  act,  shall 
suffer  a  decrease  of  salary  without  his  consent,  except  by  a  general 
salary  revision  affecting  equally  all  teachers  of  the  same  salary  grade 
in  the  city  or  town.  (2)  A  superintendent  employed  to  serve  at 
the  discretion  of  the  school  committee  shall  suffer  no  decrease  in 
salary  without  his  consent,  until  at  least  one  year  after  the  school 
committee  has  voted  to  reduce  his  salary. 

SECTION  4.  Nothing  herein  contained  shall  be  construed  as  limit- 
ing the  right  of  a  school  committee  to  suspend  a  teacher  or  superin- 
tendent for  immoral  conductor  other  conduct  unbecoming  a  teacher; 
and  if  the  teacher  or  superintendent  so  suspended  is  subsequently 
dismissed  because  of  such  conduct,  he  shall  not  receive  any  salary 
for  the  period  of  his  suspension. 

SECTION  5.  Nothing  herein  contained  shall  be  construed  as  limit- 
ing the  right  of  a  school  committee  to  dismiss  a  teacher  when  an 
actual  decrease  in  the  number  of  pupils  in  the  schools  of  the  city  or 
town  renders  such  action  advisable. 

.    SECTION  6.    All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

SECTION  7.  This  act  shall  not  apply  to  superintendents  of 
superintendency  unions. 

SECTION  8.    This  act  shall  not  apply  to  the  city  of  Boston. 

SECTION  9.  This  act  shall  take  effect  on  the  first  day  of  July  in 
the  year  nineteen  hundred  and  fourteen. 

PUBLIC  SCHOOL  TEACHERS  NOT  TO  BE  RESTRICTED  IN  THE  EXER- 
CISE OF  CERTAIN  POLITICAL  RIGHTS. 
Chapter  628,  Acts  of  1913,  provides  as  follows:  — 
No  school  committee  shall  by  rule,  regulation  or  in  any  other 
manner  restrict  any  teacher  in,  or  dismiss  him  for,  exercising  his 
right  of  suffrage,  the  signing  of  nomination  papers,  and  the  petition- 
ing or  appearing  before  committees  of  the  legislature;   but  nothing 
herein  contained  shall  be  construed  as  limiting  the  power  of  a  school 
committee  so  to  restrain  any  teacher  or  dismiss  him  for  exercising 
any  of  tHe  aforesaid  rights,  suffrage  excepted,  on  school  premises, 
during  school  hours  or  when  the  exercise  thereof  actually  interferes 
with  the  performance  of  school  duties. 


Chap.  42.]         THE  PUBLIC  SCHOOLS.  27 


THE  OBTAINING  OF  POSITIONS  BY  SCHOOL  TEACHERS. 

Chapter  731,  Acts  of  1911,  provides  as  follows:  — 

SECTION  1.  (As  amended  by  chapter  368,  Acts  of  1913.)  Any 
graduate  of  any  high  school  or  normal  school  in  this  commonwealth, 
or  of  any  other  school  considered  by  the  board  of  education  to  be  of  teachers, 
equal  grade,  or  the  graduate  of  any  reputable  college,  provided  that 
such  graduate  is  a  person  of  good  character,  may  file  an  application 
with  the  board  of  education  for  a  position  as  school  teacher  upon 
the  payment  of  a  fee  of  two  dollars.  The  application  shall  set  forth 
the  name,  address,  and,  briefly,  the  experience  and  qualifications 
of  the  applicant.  It  shall  be  the  duty  of  the  board  of  education  to 
communicate  with  the  school  committees  in  the  cities  and  towns 
of  the  commonwealth,  and  with  persons  who  have  made  application 
for  a  position  as  school  teacher  in  accordance  with  the  provisions 
of  this  section,  and  to  procure  positions  for  them  so  far  as  may  be 
possible,  free  of  expense  to  the  applicant  beyond  the  aforesaid  fee, 
and  without  expense  to  the  various  school  committees.  The  said  Duties  of  Board 
board  shall  cause  to  be  printed  and  sent  to  school  committees  of  etc.  v 
cities  and  towns  a  list  of  the  applicants  for  positions  as  aforesaid, 
with  a  brief  statement  of  their  qualifications  and  experience. 

SECTION  2.     No  person,  firm,  corporation,  or  association  shall  Limiting  fee  or 
demand  or  accept  from  any  applicant  for  the  position  of  a  teacher  to™?  paid  ^y 
in  the  public  schools  a  fee  or  other  compensation  exceeding  two  applicants, 
dollars  in  amount,  and  no  further  sum  shall  be  charged  to  cover  ex- 
penses or  for  any  other  reason,  except  that,  if  the  person  or  agency 
procures  a  position  as  aforesaid  for  an  applicant,  the  person  or 
agency  shall  be  entitled  to  receive  as  further  compensation  a  sum 
not  exceeding  five  per  cent  of  the  salary  of  the  teacher,  for  the  first 
year  of  employment,  provided  that  the  position  is  open  to  teachers 
so  long. 

SECTION  3.    It  shall  be  unlawful  for  a  superintendent  of  schools  Superintend- 
in  any  city  or  town,  or  in  any  district  composed  of  two  or  more  Jo^t^w^SJ?8 
towns,  to  accept  any  commission,  fee,  compensation  or  reward  of  commission, 
any  kind  for  obtaining  a  position  as  teacher  in  the  public  schools 
for  any  person. 

SECTION  4.    Any  violation  of  this  act  shall  be  punished  by  fine  Penalty. 
of  not  less  than  fifty  nor  more  than  five  hundred  dollars. 

SECTION  5.    All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

WHEN  COMMITTEES  SHALL  VISIT  SCHOOLS. 

SECTION  33.     If  there  is  no  superintendent  of  schools,  school  com- 
the  school  committee  or  one  or  more  of  its  members  shall,  ^hoofs*0  visit 
for  tbe  purpose  of  organizing  and  making  a  careful  exam-  g2|  !2f; §  5- 
ination  of  the  schools  and  of  ascertaining  that  the  pupils  |f  g^^e 
are   properly   supplied   with   books,   visit    all    the    public  }jgjj.'292,  §  2.' 
schools  in  its  town  on  a  day  during  the  first  week  after  the  P.  s.  44, '§  31! 
opening  of  each  term  of  such  schools,  and  on  a  day  during 
the  two  weeks  preceding  the  close  of  the  same,  and  also, 


28 


PUBLIC  INSTRUCTION.        [Chap.  42. 


without  giving  previous  notice  thereof  to  the  instructors, 
once  in  each  month;  and  they  shall,  at  such  examinations, 
inquire  into  the  regulation  and  discipline  of  the  schools 
and  into  the  habits  and  proficiency  of  the  pupils. 


School  com- 
mittee to  select 
books  and 
prescribe 
studies. 
1826,  143,  §  7. 
R.  S.  23,  §  17. 
G.  S.  38,  §  28. 
1876,  47,  §  1. 
1881,  193,  §  1. 
P.  S.  44,  §  33. 


TEXT  BOOKS  AND  COURSE  OF  STUDIES. 

SECTION  34.  (As  amended  by^  chapter  201,  Acts  of  1910.} 
The  school  committee  shall  direct  what  books  shall  be 
used  in  the  public  schools,  and  shall  prescribe,  as  far  as  is 
practicable,  a  course  of  studies  and  exercises  to  be  pursued 
therein.  Such  exercises  may,  at  the  discretion  of  the  com- 
mittee, include  calisthenics,  gymnastics  and  military  drill; 
but  no  special  instructors  shall  be  employed  therefor  ex- 
cept by  a  two-thirds  vote  of  the  committee.  No  pupil 
shall  be  required  to  take  part  in  any  military  exercise  if 
his  parent  or  guardian  is  of  the  religious  denomination  of 
Quakers  or  Shakers  or  of  any  other  religious  denomination 
conscientiously  opposed  to  bearing  arms,  or  if  said  parent 
or  guardian  is  himself  conscientiously  scrupulous  of  bear- 
ing arms,  and  so  notifies  the  school  committee  in  writing; 
or  if  a  physician  of  good  standing  shall  certify  in  writing 
that  in  his  opinion  such  exercise  would  be  injurious  to  the 
pupil's  health. 


Text  books 
and  supplies  to 
be  provided  by 
towns. 
1855,  436. 
1873,  106. 
1878,  23. 
P.  S.  44,  §  40. 
1884,  103. 
1894,  320,  §  2. 


Text  books 
may  be  pur- 
chased by 
pupils. 
1901,  472. 


FREE  TEXT  BOOKS  AND  SCHOOL  SUPPLIES. 

SECTION  35.  The  school  committee  shall,  at  the  ex- 
pense of  the  town,  purchase  text  books  and  other  school 
supplies  used  in  the  public  schools,  and,  subject  to  such 
regulations  as  to  their  care  and  custody  as  it  may  pre- 
scribe, loan  them  to  the  pupils  of  such  schools  free  of 
charge,  and,  if  instruction  is  given  therein  in  the  use  of 
tools  and  in  cooking,  may  so  purchase  and  loan  the  tools, 
implements  and  materials  necessary  therefor. 

SECTION  36.  In  a  city  which,  by  vote  of  the  board  of 
aldermen,  and  in  a  town  which,  by  vote  of  the  inhabitants 
at  an  annual  town  meeting,  accepts  the  provisions  of  this 
section  or  has  accepted  the  corresponding  provisions  of 
earlier  laws,  the  school  committee  shall  make  regulations 
with  reference  to  the  care,  custody  and  distribution  of 
books  and  supplies  so  loaned,  and  may  provide  for  the 
continued  use  of  any  text  books  by  such  pupils  throughout 
any  grades.  Such  pupils  may,  if  the  school  committee 
so  votes,  purchase  from  such  city  or  town,  at  such  time 


Chap.  42.]         THE  PUBLIC  SCHOOLS. 

and  place  as  the  school  committee  designates,  at  not  more 
than  the  cost  price  to  such  city  or  town,  any  text  books 
which  are  or  are  to  be  used  by  them  in  the  public  schools, 
and,  if  the  committee  so  votes,  pupils  who  complete  two 
years  in  any  public  school  in  grades  more  advanced  than 
the  fourth  grade  may,  upon  graduating  from  the  grammar 
school  and  upon  application  to  the  school  committee,  be 
permitted  to  acquire  the  permanent  ownership  of  such 
three  text  books,  used  during  the  last  year  of  their  at- 
tendance in  the  school,  as  they  may  select. 

SECTION  37.    The   school   committee  shall,   at  the  ex-  Apparatus  and 

„    , ,  ,    .  . , ,  .    1 .  reference  books. 

pense  of  the  town  and  in  accordance  with  appropriations  isss,  iei,  §  2. 
therefor   previously   made,    procure    apparatus,    reference 
books  and  other  means  of  illustration. 

SECTION  38.    A   change   may   be   made   in   the   school  t^f60* 
books  used  in  the  public  schools  by  a  vote  of  two-thirds  of  J|5|'  93|  ||8 
the  whole  school  committee  at  a  meeting  thereof,  notice  of  }|{g''}jj- 
such  intended  change  having  been  given  at  a  previous  i876|47,§.?. 

,  -  P.  S.  44,,  §  34. 

meeting. 

COMPENSATION  OF  SCHOOL  COMMITTEES. 

Section  39.     In  towns   which   are   subject  to   the   pro-  Compensation 
visions  of  sections  forty-three  and  forty-four  and  which  iss^osjsT' 
vote  to  authorize  the  school  committee  to  receive  com-  life)  232!' 
pensation,  the  members  of  the  committee  shall  each  be  §• s* 38>  §§  34> 
paid  two  dollars  and  fifty  cents  a  day  for  the  time  actu-  J?7|  l$. 
ally  occupied  in  performing  the  duties  of  the  office,  and  ||^,^.  ^  g 
such  additional  compensation  as  the  town  may  allow.    In  1898,'  46e!  §  5. 
other  towns  and  in  cities,  they  shall  receive  no  compensa- 
tion. 

MEMBERS  OF  SCHOOL  COMMITTEES  INELIGIBLE  TO  CERTAIN 
POSITIONS. 

Chapter  173,  Acts  of  1904,  provides  as  follows :  — 

No  member  of  a  school  committee  in  any  city  or  town  shall  be  Members  of 
eligible  to  the  position  of  teacher  in  or  master  or  superintendent  of  mitteesno 
the  public  schools  of  such  city  or  town,  or  to  the  position  of  teacher  eligible  to 
in  or  master  or  superintendent  of  public  schools  in  any  school  dis- 
trict  or  superintendency  union  of  which  such  townlforms  a  part. 


SUPERINTENDENTS  OF  PUBLIC  SCHOOLS. 

SECTION  40.  The  school  committee  of  a  city  or  town 
which  is  not  within  an  existing  union  for  the  employment 
of  a  superintendent  may,  and  after  the  first  day  of  July 


30 


PUBLIC  INSTRUCTION.         [Chap.  42. 


1854,  314. 
1856,  232. 

187o!  117. 

1873,  108. 

1874,  272. 

P.  S.  44,  §  43. 
1888,  431,  §  5. 
1898,  466,  §  5. 
1900,  248,  §  1. 
Ill  Mass.  87. 
138  Mass.  149. 
District  super- 


sTos     i. 
p.  s.  44,  §  44. 

Superintend- 

ent  oi  public 

manner  f 
appointment  of 

i87o?i'83?c§  2. 
p.  s.  44,  §  45. 


in  the  year  nineteen  hundred  and  two  shall,  at  the  expense 
of  the  city  or  town,  employ  a  superintendent  of  schools, 
who,  under  the  direction  and  control  of  the  committee, 
shall  have  the  care  and  supervision  of  the  public  schools. 
The  compensation  of  the  superintendent  shall  not  be  less 
than  one  dollar  and  fifty  cents  for  each  day  of  actual  serv- 
ice, and  shall  be  determined  by  the  school  committee. 

SECTION  41.  Two  or  more  towns  may,  by  a  vote  of 
each,  form  a  district  for  the  purpose  of  employing  a 
superintendent  of  public  schools  therein. 

SECTION  42.  Such  superintendent  shall  be  annually  ap- 
pointed by  a  joint  committee,  composed  of  the  chairman 
and  secretary  of  the  school  committee  of  each  of  the  towns 
in  said  district,  who  shall  determine  the  relative  amount 
of  service  to  be  performed  by  him  in  each  town,  fix  his 
salary,  apportion  the  amount  thereof  to  be  paid  by  the 
several  towns  and  certify  the  same  to  each  town  treasurer. 


PERMANENCY  OF  SCHOOL  SUPERINTENDENCY  UNIONS  AND 
EQUALITY  OF  REPRESENTATION  OF  TOWNS  ON  THE 
JOINT  COMMITTEE. 

SECTION  43.     (As  amended  by  chapter  399,  Acts  of  1911, 
pent  of  super-   and  chapter  114,  Acts  of  1912.)     The  school  committees  of 

mtendent.  *  i  i          •  i        r>        i  •    i      • 

1888,  431,  §§1,2.  two  or  more  towns  the  valuation  of  each  of  which  is  less 
89s!  466,  §§  i,'  2!  than  two  million  five  hundred  thousand  dollars,  and  the 
[fop2  A!  G?'  aggregate  number  of  schools  in  all  of  which  is  not  more 
147-]  than  fifty  nor  less  than  twenty-five,  and  the  school  com- 

mittees of  four  or  more  towns  the  valuation  of  each  of 
which  does  not  exceed  two  million  five  hundred  thousand 
dollars,  without  reference  to  the  minimum  limit  in  the 
aggregate  number  of  schools  aforesaid,  shall  form  a  union 
for  the  purpose  of  employing  a  superintendent  of  schools. 
The  school  committees  of  such  towns  shall  be  a  joint  com- 
mittee :  provided,  that  any  school  committee  consisting  of 
more  than  three  members  shall  be  represented  on  the  joint 
committee  by  its  chairman  and  two  members,  chosen  by 
said  school  committee.  This  joint  committee,  for  the  pur- 
poses of  such  union,  shall  be  the  agents  of  each  town 
therein.  Such  union  shall  not  be  dissolved  except  by  vote 
of  a  majority  of  the  towns  constituting  the  union,  and  the 
consent  of  the  board  of  education  to  such  dissolution, 
nor  shall  it  be  dissolved  for  the  reason  that  the  valuation 
of  any  one  of  the  towns  shall  have  so  increased  as  to  ex- 


Chap.  42.]         THE  PUBLIC  SCHOOLS.  31 

ceed  two  million  five  hundred  thousand  dollars,  nor  for 
the  reason  that  the  number  of  schools  shall  have  increased 
beyond  fifty  or,  in  a  union  of  less  than  four  towns,  shall 
have  decreased  below  twenty-five. 

EMPLOYMENT  OF  SUPERINTENDENTS  OF  SCHOOLS  IN  UNIONS 
OF  TOWNS  AND  TENURE  OF  OFFICE. 

SECTION  44.     (As  amended  by  chapter  384,  Acts  of  1911.)  SeeC,°Sc. 
The  joint  committee  shall  annually,  in  April,  meet  at  a  JH;  gj;  f  f; 
day  and  place  agreed  upon  by  the  chairman  of  the  com-  J^8^' |829; 
mittees  of  the  several  towns  comprising  the  union,  and  no  Mass!  473! 
shall   organize  by  the   choice   of   a  chairman   and   secre- 
tary.    They   shall   employ   a   superintendent   of   schools, 
determine  the  relative  amount  of  service  to  be  performed 
by  him  in  each  town,  fix  his  salary,  apportion  the  amount 
thereof  to  be  paid  by  the  several  towns  and  certify  it  to 
each  town  treasurer.    Such  superintendent  of  schools  shall 
be  employed  for  a  term  of  three  years,  and  his  salary  shall 
not  be  reduced  during  such  term.     Failure  of  a  superin- 
tendent during  his  term  of  office  to  receive  a  certificate  as 
provided  by  chapter  two  hundred  and  fifteen  of  the  acts 
of  the  year  nineteen  hundred  and  four, l  upon  the  expira- 
tion of  a  prior  certificate,  shall  thereby  vacate  his  office. 
He  may  be  removed  from  office  by  a  two  thirds  vote  of 
the  full  membership  of  the  joint  committee,  and  with  the 
consent  of  the  board  of  education  to  such  dismissal,  where- 
upon his  salary  shall  cease. 

SUPERINTENDENCY  UNIONS  AIDED  BY  THE  STATE. 

SECTION  45.     When  the  chairman  and  secretarv  of  such  Payment  by 

•    .  .  .  A  IIP  i        common- 

jomt  committee  certity  to  the  auditor  ot  accounts  under  wealth  upon 
oath,  that  a  union  has  been  effected,  that  the  towns,  in  isss,  43i,e§  3. 
addition  to  an  amount  equal  to  the  average  of  the  total  S,  lee!  1 1'. 
amount  paid,  or  to  the  amount  paid  for  each  child,  by  the 
several  towns  for  schools  during  the  three  years  then  last 
preceding,  unitedly  have  appropriated  and  raised  by  taxa- 
tion not  less  than  seven  hundred  and  fifty  dollars  for  the 
support  of  a  superintendent  of  schools,  and  that  a  super- 
intendent of  schools  has  been  employed  for  one  year,  a 
warrant  shall,  upon  the  approval  of  the  certificate  by  the 
board  of  education,  be  drawn  upon  the  treasurer  and  re- 

1  See  page  33  of  this  pamphlet. 


32 


PUBLIC  INSTRUCTION.         [Chap.  42. 


Appropria- 
tions to  pro- 
vide towns 
with  school 
superintend- 
ents. 


ceiver  general  for  the  payment  of  twelve  hundred  and  fifty 
dollars,  three-fifths  of  which  shall  be  paid  for  the  salary 
of  such  superintendent,  and  two-fifths  thereof  shall  be  ap- 
portioned and  distributed  to  the  towns  forming  such  union 
on  the  basis  of  the  amount  appropriated  and  expended  for 
a  superintendent  in  such  towns  for  the  preceding  year  and 
shall  be  paid  for  the  salaries  of  teachers  employed  in  the 
public  schools  therein. 

SECTION  46.  There  shall  be  annually  appropriated  by 
the  commonwealth  such  amount  as  may  be  necessary  to 
carry  out  the  provisions  of  the  three  preceding  sections. 

1888,  431,  §  4.   1890,  379.   1891,  272.   1893,  200,  §  4.   1894,  58.   1898,  466,  §  4. 


TOWNS  WHOSE  VALUATION  EXCEEDS  $2,500,000  MAY  BE 
ADMITTED  WITHOUT  STATE  AID  TO  SUPERINTENDENCY 
UNIONS. 

Admission  of         SECTION  47.     Towns  whose  valuation  exceeds  the  limit 

towns  exceed-       _  .  ... 

ing  limit  of  fixed  by  section  forty-three  may  participate  in  a  union 
1898^466 j§  e, 7.  formed  under  the  provisions  of  said  section,  in  the  same 
manner  and  subject  to  the  same  terms,  conditions  and 
benefits  as  towns  having  such  limited  valuation,  except 
that  the  allowance  by  the  commonwealth  in  aid  of  said 
union,  as  provided  in  the  preceding  section,  shall  not  be 
made  to  the  entire  union,  but  shall  first  be  apportioned  to 
the  several  towns  upon  the  basis  of  the  amount  appropri- 
ated by  them  respectively  for  the  support  of  a  superin- 
tendent of  schools  for  the  preceding  year,  and  the  warrant 
upon  the  treasurer  and  receiver  general  shall  then  be 
drawn  in  favor  of  and  only  for  the  portions  so  assigned  to 
those  towns  of  the  union  whose  valuation  at  the  time  of 
said  union  did  not  exceed  the  limit  provided  in  section 
forty-three. 


Effect  of 
increase  of 
valuation. 
1898,  466,  §  8. 


EFFECT  OF  INCREASE  OF  VALUATION. 

SECTION  48.  If  the  valuation  of  a  town  in  a  union 
formed  under  the  provisions  of  section  forty-three  or  of 
the  preceding  section  shall  so  increase  as  to  exceed  three 
million  five  hundred  thousand  dollars,  such  increase  shall 
have  the  same  effect  as  if  the  valuation  of  said  town  had 
exceeded  two  million  five  hundred  thousand  dollars  at  the 
date  of  the  formation  of  such  union. 


Chap.  42.]          THE  PUBLIC  SCHOOLS.  33 


FORMATION    OR    READJUSTMENT    OF    SUPERINTENDENCY    UNIONS 
BY  THE  STATE  BOARD  OF  EDUCATION. 

Chapter  299,  Acts  of  1903,  provides  as  follows:  — 

The  state  board  of  education  is  hereby  authorized  to  form  or  on 

readjust  unions  of  towns  for  the  employment  of  superintendents  former  °e- 
of  schools  whenever  in  its  judgment  it  becomes  imperatively  neces-  ^^^£5^ 
sary  to  include  a  town  which  is  otherwise  unable  to  comply  with  the  emptoymSIt  of6 
law.    In  carrying  out  the  provisions  of  this  act  the  board  may  allow  8"perifnteJd"J 
the  formation  of  unions  with  a  number  of  schools  less  than  that  re-  er 
quired  by  section  forty-three  of  chapter  forty-two  of  the  Revised 
Laws,  and  in  no  case  shall  the  readjustment  deprive  any  town  of 
its  right  to  aid  under  the  law. 

QUALIFICATIONS    OF    CERTAIN    SUPERINTENDENTS    OF    SCHOOLS 
DETERMINED  BY  THE  STATE  BOARD  OF  EDUCATION. 

Chapter  215,  Acts  of  1904,  provides  as  follows:  — 

In  all  superintendency  unions  in  which  any  part  of  the  expense  Qualifications 
of  the  superintendent  is  borne  by  the  commonwealth  the  state  board  fo/superin*-63 
of  education  shall  determine,  by  examination  or  otherwise,  the  quali-  tendent  of 
ncations  of  candidates  for  the  position  of  superintendent  of  public  deteminecTin 
schools;   and,  after  the  first  day  of  January  in  the  year  nineteen  certain  cases, 
hundred  and  five,  no  person  shall  be  elected  to  such  position  who  etc- 
does  not  hold  a  certificate  of  fitness  and  competency  from  said 
board:   provided,  however,   that  this  act  shall  not  apply  to  any 
superintendency  union  in  which  one  town  does  not  receive  aid  from 
the  commonwealth  for  expense  of  a  superintendent,  until  the  termin- 
ation of  the  contract,  if  any,  existing  between  such  towns  at  the  time 
of  the  passage  of  this  act. 

DUTIES  AND  POWERS  OF  SUPERINTENDENTS  OF  SCHOOLS. 

Chapter  444,  Acts  of  1911,  provides  as  follows:  — 

SECTION  1.    The  superintendent  of  schools  employed  hi  accord-  Duties  and 
ance  with  section  forty,  section  forty-one  or  section  forty-four  of  £j0hooiSsuper- 
chapter  forty-two  of  the  Revised  Laws,  shall,  under  the  direction  of  mtendents 
the  school  committee,  have  the  care  and  supervision  of  the  public    ( 
schools,  and  shall  be  the  executive  officer  of  the  school  committee. 
He  shall  assist  the  school  committee  in  keeping  its  records  and  ac- 
counts and  in  making  such  reports  as  are  required  by  law. 

SECTION  2.  The  superintendent  of  schools  shall  recommend  Recommenda- 
teachers  to  the  school  committee,  and  shall  also  recommend  text-  Sendents?6*" 
books  and  courses  of  study  to  the  school  committee. 

SCHOOL  HOUSES. 

SECTION  49.     Every  town  shall  provide  and  maintain  a  School  houses, 
sufficient  number  of  school  houses,  properly  furnished  and          * 
conveniently  located  for  the  accommodation  of  all  children 
therein  who  are  entitled  to  attend  the  public  schools.     A  Jffj1 1*1' §  10' 
town  which  for  one  year  refuses  or  neglects  to  comply  ^f^ 
with  the  requirements  of  this  section  shall  forfeit  not  less 


34 


PUBLIC  INSTRUCTION.        [Chap.  42. 


andvdtepilyed    and  c^iaPter 


G.  s.  38,  §§  36,  than  five  hundred  nor  more  than  one  thousand  dollars,  to 

p7s  44%§  46     ^e  Paid  and  applied  as  provided  in  sections  twenty-three 

50.  *    and  twenty-four.    The  school  committee,  unless  the  town 

otherwise  directs,  shall  have  general  charge  and  superin- 

tendence of  the  school  houses  therein,  shall  keep  them  in 

good   order,   and   shall  procure   a   suitable  place  for  the 

schools,  if  there  is  no  school  house,  and  provide  fuel  and 

all  other  things  necessary  for  the  comfort  of  the  pupils 

therein,  at  the  expense  of  the  town. 

DISPLAY   OF  THE   UNITED   STATES   FLAG   ON   SCHOOL  HOUSES. 

SECTION  50.  (As  amended  by  chapter  229,  Acts  of  1909, 
,  Acts  of  1911.)  The  school  committee  of 
every  city  and  town  shall  provide  for  each  schoolhouse  in 
which  a  public  school  is  maintained  and  which  is  not 
otherwise  supplied,  a  United  States  flag  of  silk  or  bunting 
not  less  than  four  feet  in  length,  and  suitable  apparatus 
whereby  the  flag  shall  be  displayed  on  the  schoolhouse 
building  or  grounds  every  school  day  when  the  weather 
permits,  and  on  the  inside  of  the  schoolhouse  on  other 
school  days.  Failure  to  observe  this  law  for  a  period  of 
five  consecutive  days  upon  the  part  of  the  master  or  prin- 
cipal in  charge  of  the  school  at  the  time,  shall  be  punished 
by  a  fine  of  not  more  than  five  dollars  for  each  period  of 
five  days  of  such  negligence,  unless  such  failure  is  caused 
by  the  school  committee  in  not  providing  the  said  master 
or  principal  with  a  flag,  in  which  case  the  said  penalty 
shall  be  imposed  on  those  directly  responsible  for  the  fail- 
ure so  to  supply  the  said  master  or  principal.  Said  pen- 
alty shall  be  imposed  by  any  court  of  competent  juris- 
diction within  the  commonwealth. 


Penalty. 


LOCATION  OF  SCHOOL  HOUSES. 

toS™?08'        SECTION  51.     A  town  may,  at  a  meeting  called  for  the 
,143,  §10.    purpose,  determine  the  location  of  its  school  houses,  and 


R.s.23,'§§28,  adopt  all  necessary  measures  to  purchase  and  procure  land 

1848,237.  therefor,  as  provided  in  sections  forty-seven,  forty-eight 

G?s.238%§347.  and  forty-nine  of  chapter  twenty-five. 

P.  S.  44,  §  47. 


GENERAL  PROVISIONS. 

ffcco?iofruantfosns  SECTION  52.  The  provisions  of  this  chapter  shall  not 
fs^Vflfu's  an?ect  the  right  of  any  corporation  established  in  a  town  to 
R.  s.  23/§59.  manage  any  estate  or  funds  given  or  obtained  for  the  pur- 


Chap.  42.]         THE  PUBLIC  SCHOOLS.  35 

pose  of  supporting  schools  therein,  or  in  any  wise  affect  p'f'lff/l' 
such  estate  or  funds. 

SECTION  53.     Except    as    otherwise    provided    in    their  ^apti°to°f 
respective  charters,  the  provisions  of  this  chapter,  so  far  apply  to  cities, 

T       -,  i          i     ii  t       ,          •,•  except,  etc. 

as  applicable,  shall  apply  to  cities.  G.  s.ss,  §41. 

P.  S.  44,  §  51. 

USE  OF  ROOMS  OR  HALLS  IN  SCHOOL  BUILDINGS  FOR  OTHER  THAN 
SCHOOL  PURPOSES. 

Chapter  367,  Acts  of  1911,  provides  as  follows:  — 

SECTION  1.     (As  amended  by  chapter  820,  Acts  of  1912.)     The  Use  of  school 
school  committee  of  any  city  or  town  which  accepts  the  provisions  jjjjjj  school 
of  this  act  shall  grant  the  temporary  use  of  rooms  or  halls  in  school  purposes, 
buildings  upon  such  terms  and  conditions  and  for  such  public  or 
educational  purposes,  as  the  said  school  committee  may  deem  wise: 
provided,  however,  that  such  use  shall  not  in  any  way  interfere  or  be  Proviso, 
inconsistent  with  the  use  of  the  halls  for  school  purposes,  and  that 
such  use  shall  not  be  granted  during  the  regular  sessions  of  the  school 
unless  the  means  of  egress  have  been  approved  for  such  purpose  by 
an  inspector  of  public  buildings  of  the  district  police. 

SECTION  2.     This  act  shall  take  effect  in  a  city  upon  its  acceptance  Time  of  taking 
by  a  two  thirds  vote  of  the  members  of  each  branch  of  the  city  coun-  effect' 
cil  or  corresponding  body  of  that  city  present  and  voting,  and  upon 
the  approval  of  the  mayor;  and  it  shall  take  effect  in  a  town  upon  its 
acceptance  by  a  majority  of  the  voters  of  the  town  present  and 
voting  thereon  at  an  annual  town  meeting  or  at  a  special  meeting 
called  for  the  purpose. 

(Section  2  of  chapter   320,  Acts  of   1912,  repealed  chapter  157,  Acts  of 
1912.) 

USE  OF  PUBLIC  SCHOOL  PROPERTY  FOR  CERTAIN  PURPOSES. 

Chapter  538,  Acts  of  1914,  provides  as  follows:  — 

SECTION  1.     Section  one  of  chapter  three  hundred  and  ninety-one  Use  of  public 
of  the  acts  of  the  year  nineteen  hundred  and  thirteen  is  hereby  for^rtSnPerty 
amended  by  striking  out  the  words  "that  no  admission  fee  is  charged  purposes 
and",  in  the  tenth  line,  so  as  to  read  as  follows :  —  Section  L     For  authoriaed- 
the  purpose  of  promoting  the  usefulness  of  the  public  school  prop- 
erty the  school  committee  of  any  city  or  town  may  conduct  such 
educational  and  recreation  activities  in  or  upon  school  property 
under  its  control,  and  shall  allow  the  use  thereof  by  individuals  and 
associations,  subject  to  such  regulations  as  the  school  committee 
shall  establish,  for  such  educational,  recreation,  social,  civic,  philan- 
thropic and  similar  purposes  as  the  committee  may  deem  to  be  for 
the  interest  of  the  community,  provided  that  such  use  shall  not  inter- 
fere or  be  inconsistent  with  the  use  of  the  premises  for  school 
purposes. 

SECTION  2.    This  act  shall  not  apply  to  the  city  of  Boston.  to°Bo?tonply 

SECTION  3.    All  acts  and  parts  of  acts  inconsistent  herewith  are  repeal, 
hereby  repealed. 


36 


PUBLIC   INSTRUCTION.         [Chap.  43. 


Commissioner 
of  education 
to  forward 
forms,  etc. 
1845,  100. 

1849,  65,  §§  1,  2. 

1850,  41. 

G.  S.  34,  §  7; 
40,  §  1. 
P.  S.  41,  §  7; 
46,  §  1. 

1898,  496,  §  14. 

1899,  111. 

1900,  187. 


Commissioner 
of  board  of  edu- 
cation to  be 
notified  of  non- 
delivery. 


1898,  496,  §  15. 


SCHOOL  REGISTERS  AND  RETURNS. 

[Revised  Laws,  Chapter  43.] 
FORMS   FOR  CENSUS,  REGISTERS   AND    RETURNS. 

SECTION  1.  (As  amended  by  section  1  of  chapter  368, 
Acts  of  1912.)  The  commissioner  of  education  shall  send 
forms  for  the  school  census  required  by  section  three,  the 
school  registers,  forms  for  the  returns  to  be  made  by 
school  committees,  the  annual  report  of  the  board  and  his 
own  annual  report,  as  soon  as  they  are  ready  for  distri- 
bution, to  the  chairman  of  the  school  committee  of  each 
city  and  town,  who  shall,  on  receipt  thereof,  deliver  them 
to  the  several  persons  charged  with  the  duties  in  connec- 
tion therewith,  and  send  to  the  commissioner  of  education 
a  list  of  the  private  schools  in  the  city  or  town  and  the 
names  of  their  principals.  The  board  of  education  may 
annually  expend  for  the  printing  and  distribution  of  said 
school  registers  and  forms  for  returns  of  school  committees 
such  sums  as  shall  be  appropriated  by  the  general  court 
annually,  payable  out  of  the  treasury  of  the  commonwealth. 

SECTION  2.  (As  amended  by  section  2  of  chapter  368, 
Acts  of  1912.)  The  chairman  of  every  school  committee 
who  does  not  receive  blank  forms  of  inquiry  for  school 
returns,  on  or  before  the  fifth  day  of  July,  shall  forthwith 
notify  the  commissioner  of  education  thereof,  who  shall 
thereupon  transmit  them  to  him. 


88!  S? 

i874%4o°3, 
p87s.46, 
1901'  289* 


§§3,4. 
'  16>' 


SCHOOL  CENSUS. 

SECTION  3.  (As  amended  by  chapter  443,  Acts  of  1914-) 
The  school  committee  of  each  city  and  town  shall  an- 
nually  ascertain  and  record  the  names,  ages  and  such  other 
information  as  may  be  required  by  the  board  of  education, 
°^  a^  children  between  five  and  seven  years  of  age,  of  all 
children  between  seven  and  fourteen  years  of  age,  of  all 
children  between  fourteen  and  sixteen  years  of  age,  and 
of  all  minors  over  sixteen  years  of  age  who  cannot  read 
at  sight  and  write  legibly  simple  sentences  in  the  English 
language,  residing  in  its  city  or  town  on  the  first  day  of 
September,  and  such  record  shall  be  completed  on  or 
before  the  fifteenth  day  of  November.  Whoever,  having 
under  his  control  a  minor  over  five  years  of  age,  with- 
holds information  sought  by  a  school  committee  or  its 


Chap.  43.]    SCHOOL  REGISTERS  AND  RETURNS.  37 

agents  under  the  provisions  of  this  section  or  makes  a 
false  statement  relative  thereto,  shall  be  punished  by  a 
fine  of  not  more  than  fifty  dollars. 

FORM    OF   CERTIFICATE. 

SECTION  4.     (As  amended  by  chapter  368,  Acts  of  1912, 
chapter  356,  Acts  of  1918,  and  chapter  443,  Acts  of  1914.) 
The  chairman  of  each  school  committee  shall  annually  on  amount  raised 
or  before  the  thirty-first  day  of  July  transmit  to  the  com-  sch<xJspor 
missioner  of  education  a  certificate  filled  out,  signed  and  {349!  11?!  §  i! 
sworn  to  by  him,  containing  the  following  statements :  —  a  s.2lo,  §  4. 

First.     The  number  of  persons  between  the  ages  of  five  }g|-  J;g,  §  2. 
and  seven  years,  the  number  of  persons  between  the  ages  P-  s'-  *«/§  $.' 
of  seven  and  fourteen  years,  and  the  number  of  persons  isos!  m,  §  17. 
between  the  ages  of  fourteen  and  sixteen  years,  residing  1900>  175' 
in  the  town  (or  city),  according  to  the  school  census  taken 
on  the  first  day  of  September,  last  preceding  the  date  of 
this  certificate. 

Second.  The  number  of  persons  in  the  average  member- 
ship of  the  public  schools  of  the  town  (or  city),  for  the 
school  year  last  preceding  the  date  of  the  certificate,  as 
determined  by  the  rules  of  the  state  school  register. 

Third.  The  amount  of  money  raised  by  taxation  by  the 
town  (or  city),  and  expended  during  the  fiscal  year  last 
preceding  the  date  of  the  certificate  for  the  support  of  the 
public  schools,  including  the  wages  of  teachers,  the  trans- 
portation of  school  children,  fuel,  the  care  of  fires,  school- 
rooms and  school  premises,  repairs,  supervision,  text- 
books and  supplies,  and  school  sundries  or  incidentals,  but 
excluding  alterations  of  school  buildings,  other  than  re- 
pairs, and  construction  of  schoolhouses  and  contributions 
for  the  support  of  public  schools  which  may  be  received 
from  the  commonwealth  or  from  other  sources  than  local 
taxation,  and  also  the  total  expenditures,  classified,  for  the 
public  schools  during  the  school  year  last  preceding  the 
date  of  this  certificate. 

Fourth.  That  the  town  (or  city)  has  maintained  during 
the  school  year  last  preceding  the  date  of  this  certificate 
each  of  the  schools,  as  required  by  section  one  of  chapter 
forty-two  of  the  Revised  Laws,  as  amended  by  chapter 
one  hundred  and  eighty-one  of  the  acts  of  the  year  nine- 
teen hundred  and  eight,  and  by  chapter  five  hundred  and 
twenty-four  of  the  acts  of  the  year  nineteen  hundred  and 


38 


PUBLIC   INSTRUCTION.         [Chap.  43. 


c£tioLofedu~ 


Registers  and 
returns. 
1826,  143,  §  8. 
R.  S.  23,  §§  63, 

1837,  227. 

1838,  105,  §  6. 
1846,  223,  §  3. 
1850,  179. 

G.  S.  40,  §  5. 
1865,  142,  §  3. 
P.  S.  46,  §§  6,  7. 
1898,  496,  §  18. 
3  Cush.  549. 


ten,  for  a  period  of  not  less  than  thirty-two  weeks,  or 
twenty-eight  weeks,  if  such  reduction  has  been  allowed 
under  the  provisions  of  the  aforesaid  section. 

Fifth.  That  the  town  (or  city)  has  maintained,  during 
the  school  year  last  preceding  the  date  of  this  certificate, 
a  high  school,  as  required  by  section  two  of  said  chapter 
forty-two,  for  a  period  of  months, 

days,  as  stated. 

The  board  of  education  is  authorized  and  directed  to 
prepare  and  furnish  to  school  committees  suitable  forms 
of  the  certificate  required  by  this  section. 

SCHOOL   REGISTERS  AND    SCHOOL   RETURNS. 

SECTION  5.  (As  amended  by  section  4  of  chapter  368, 
Acts  of  1912.)  School  committees  shall  cause  the  school 
registers  to  be  faithfully  kept  in  all  the  public  schools, 
and  shall  annually,  on  or  before  the  last  day  of  July, 
make  returns  on  the  aforesaid  forms  of  inquiry  to  the 
commissioner  of  education;  and  school  committees  of 
towns  shall  also  specify  therein  the  purposes  to  which  the 
money  received  by  their  respective  towns  from  the  income 
of  the  school  fund  has  been  appropriated.  In  such  returns, 
twenty  days,  or  forty  half  days  of  actual  session,  shall 
be  counted  as  one  month. 


Report  of  com- 
mittee. 
1838,  105,  §  1. 
1846,  223,  §  4. 
1859,  57. 
G.  S.  40,  §  6. 
P.  S.  46,  §  8. 
11  Gray,  340. 
101  Mass.  142. 


REPORT   OF  THE    SCHOOL  COMMITTEE   TO   BE   SENT   TO   THE 
COMMISSIONER   OF   EDUCATION. 

SECTION  6.  -(As  amended  by  section  5  of  chapter  368, 
Acts  of  1912.)  They  shall  annually  make  a  detailed  report 
of  the  condition  of  the  several  public  schools,  which  shall 
contain  any  statements  or  suggestions  relative  to  the 
schools  which  the  committee  consider  necessary  or  proper. 
They  shall  cause  said  report  to  be  printed,  for  the  use  of 
the  inhabitants,  in  octavo,  pamphlet  form,  of  the  size  of 
the  annual  reports  of  the  board  of  education,  and  transmit 
two  copies  thereof  to  the  commissioner  of  education  on 
or  before  the  last  day  of  April,  and  shall  deposit  one  copy 
in  the  office  of  the  city  or  town  clerk. 


—  when  not 
made. 
1853,  93,  §  1. 


G.S.  40,  §7. 
3,  §9. 


P.  8.  46, 


FAILURE   TO   MAKE   RETURNS   OR   REPORT. 

SECTION  7.  (As  amended  by  section  6  of  chapter  368, 
Acts  of  1912.)  If  a  school  committee  fails,  within  the 
prescribed  time,  to  make  either  the  returns  or  the  report 


Chap.  43.]    SCHOOL  REGISTERS  AND  RETURNS.  39 

required  of  it  by  law,  the  commissioner  of  education  shall 
forthwith  notify  it  of  such  failure,  and  it  shall  immediately 
cause  the  same  to  be  transmitted  to  him. 

IRREGULAR  OR  INCORRECT  RETURNS. 

SECTION  8.     (As  amended  by  section  7  of  chapter  368, 
Acts  of  1912.)     If  a  return  is  found  to  be  irregular  or  in- 

•       •  it  i  •  ••       vi       i*          i         •    i      lo«,     oj         • 

correct,    the   commissioner   of    education   shall   forthwith  G.  s.  40,  §  s. 
return  it,  with  a  statement  of  all  deficiencies  therein,  to  the  fsgl'mVao. 
school   committee   for   correction,   and   it   shall   promptly 
correct  and  return  it. 

PENALTY  FOR  FAILURE  TO  SEND  RETURNS  OR  REPORT  TO 
THE  COMMISSIONER  OF  EDUCATION. 

SECTION  9.     (As  amended  by  section  8  of  chapter  368,  "S^mak 
Acts  of  1912.)     A  town  whose  report  or  returns  do  not  iffg*^*3* 
reach  the  office  of  the  commissioner  of  education  on  or  p-f-^'lfi 
before  the  fifteenth  day  of  August  shall  forfeit  ten  per  i89s,'496,  §21*. 
cent  of  the  income  of  the  school  fund  to  which  it  would 
otherwise  have  been  entitled.     If  such  report  or  returns 
do  not  reach  said  office  before  the  first  day  of  September, 
the  town's  share  of  said  income  shall  be  retained  by  the 
treasurer  and  receiver  general,  and  shall  be  added  to  the 
principal  of  the  school  fund.     A  town  which  is  not  en- 
titled to  a  portion  of  the  school  fund,  and  a  city,  whose 
report  or  returns  do  not  reach  said  office  on  or  before  the 
first  day  of  September,  shall  forfeit  to  the  school  fund  two 
hundred  dollars. 

PENALTY  ON  SCHOOL  COMMITTEE. 

SECTION  10.     A  town  which  has  forfeited  any  part  of 
its  portion  of  the  income  of  the  school  fund  through  the 
failure  of  the  school  committee  to  perform  its  duties  rela-  g4|  ITS'  19 
tive  to  the  school  report  and  school  returns  may  withhold  P.'s.'46,'§i4.' 
the  compensation  of  the  committee. 

TEACHERS   SHALL   FAITHFULLY   KEEP   REGISTERS. 

SECTION  11.     (As  amended  by  section  9  of  chapter  868,  xlf JklTnot  to 
Acts  of  1912.)    The  several  school  teachers  shall  faithfully  draw  pay  until 

'  ,  .    ,  /.  ,  ,    .,  ,  ,    ^    return  of  regia- 

keep   the   registers   of   attendance   daily,   and   make   due  ter. 
return  thereof  to  the  school  committee  or  to  such  person  as  G.  s.  4o,'§  is. 
the  committee  may  designate.     No  teacher  of  a  public  &»?,*$ 
school  shall  receive  payment  for  services  for  the  two  weeks  1898>  4%>  5]19< 


40 


PUBLIC   INSTRUCTION.         [Chap.  44. 


preceding  the  close  of  any  term  until  the  register,  properly 
filled  up  and  completed  is  so  returned.  All  registers  shall 
be  kept  at  the  schools,  and  at  all  times  during  school 
hours  shall  be  open  to  the  inspection  of  the  school  com- 
mittee, the  superintendent  of  schools,  the  truant  officers 
and  the  commissioner  of  education  and  agents  of  the  board 
of  education.  In  reckoning  the  average  membership  and 
the  percentage  of  attendance  in  the  schools,  no  pupil's 
name  shall  be  omitted  in  counting  the  number  of  persons 
belonging  to  the  school  and  the  number  of  absences  of 
such  persons  until  it  is  known  that  such  pupil  has  with- 
drawn from  the  school  without  intention  of  returning  or, 
in  the  absence  of  such  knowledge,  until  ten  consecutive 
days  of  absence  have  been  recorded;  but  the  foregoing 
provision  for  computing  the  average  membership  and  the 
percentage  of  attendance  shall  not  affect  proceedings 
against  habitual  truants,  absentees  or  school  offenders,  or 
other  persons,  under  the  provisions  of  section  one  of 
chapter  forty-four,  as  amended  by  chapter  three  hundred 
and  twenty  of  the  acts  of  the  year  nineteen  hundred  and 
five,  and  by  chapter  three  hundred  and  eighty-three  of  the 
acts  of  the  year  nineteen  hundred  and  six,  and  sections 
three,  four  and  five  of  chapter  forty-six,  as  amended  by 
chapter  three  hundred  and  thirty  of  the  acts  of  the  year 
nineteen  hundred  and  three,  and  by  chapter  two  hundred 
and  twenty  of  the  acts  of  the  year  nineteen  hundred  and 
four.  A  pupil  who  is  not  present  during  at  least  half  of  a 
session  shall  be  marked  and  counted  as  absent  for  that 
session. 


Certain  chil- 
dren to  attend 
school. 
G.  S.41,  §1. 

1873,  279,  §  1. 

1874,  233,  §  1. 
P.  S.  47,  §  1. 
1889,464,  §  1. 

1890,  384. 

1891,  361. 
1894,  188; 
498,  §  1. 

1898,  496,  §§  12, 


SCHOOL  ATTENDANCE. 

[Revised  Laws,  Chapter  44.] 

ATTENDANCE  COMPULSORY  BETWEEN  SEVEN  AND  FOURTEEN 
YEARS  OF  AGE,  AND  UNDER  SIXTEEN  IN  CERTAIN  CASES. 

SECTION  1.  (As  amended  by  chapter  320,  Acts  of  1905, 
chapter  388,  Acts  of  1906,  and  section  1  of  chapter  779,  Acts 
of  1913.)  Every  child  between  seven  and  fourteen  years 
of  age,  every  child  under  sixteen  years  of  age  who  does  not 
possess  such  ability  to  read,  write  and  spell  in  the  English 
language  as  is  required  for  the  completion  of  the  fourth 
grade  of  the  public  schools  of  the  city  or  town  in  which  he 
resides,  and  every  child  under  sixteen  years  of  age  who  has 


Chap.  44.]         SCHOOL  ATTENDANCE.  41 

not  received  an  employment  certificate  as  provided  in  this  139  Mass.  374. 
act  and  is  not  engaged  in  some  regular  employment  or  159  MaS*.  372! 
business  for  at  least  six  hours  per  day  or  has  not  the 
written  permission  of  the  superintendent  of  schools  of  the 
city  or  town  in  which  he  resides  to  engage  in  profitable 
employment  at  home,  shall  attend  a  public  day  school  in 
said  city  or  town  or  some  other  day  school  approved  by 
the  school  committee,  during  the  entire  time  the  public 
schools  are  in  session,  subject  to  such  exceptions  as  are 
provided  for  in  sections  four,  five  and  six  of  this  chapter 
and  in  section  three  of  chapter  forty-two  of  the  Revised 
Laws,  as  amended  by  chapter  four  hundred  and  thirty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  two 
and  by  chapter  five  hundred  and  thirty-seven  of  the  acts 
of  the  year  nineteen  hundred  and  eleven;1    but  such  at- 
tendance shall  not  be  required  of  a  child  whose  physical 
or  mental  condition  is  such  as  to  render  attendance  in- 
expedient or  impracticable,  or    who    is    being    otherwise 
instructed  in  a  manner  approved  in  advance  by  the  super- 
intendent of  schools  or  the  school  committee.    The  super- 
intendent of  schools,  or  teachers  in  so  far  as  authorized  by 
said   superintendent   or   by   the   school   committee,    may 
excuse  cases  of  necessary  absence  for  other  causes  not  ex- 
ceeding five  day  sessions  or  ten  half-day  sessions  in  any 
period  of  six  months.     For  the  purposes  of  this  section,  Approval  of  Pri- 
school   committees   shall   approve   a   private   school   only  UTS,  279 ju. 
when  the  instruction  in  all  the  studies  required  by  law  is  p87|.  ^  2. 
in  the  English  language,  and  when  they  are  satisfied  that  }fjg'  $*•  |  \- 
such   instruction   equals   in   thoroughness    and   efficiency,  }gg  ^Jsf' 374' 
and  in  the  progress  made  therein,  the  instruction  in  the 
public  schools  in  the  same  city  or  town;    but  they  shall 
not  refuse  to  approve  a  private  school  on  account  of  the 
religious  teaching  therein. 

SCHOOL  ATTENDANCE   REGULATED. 

SECTION  2.  (As  amended  by  section  2  of  chapter  779, 
Acts  of  1913.)  Every  person  having  under  his  control  a  penalty 
child  as  described  in  section  one  shall  cause  him  to  attend 
school  as  therein  required,  and,  if  he  fails  for  five  day 
sessions  or  ten  half-day  sessions  within  any  period  of  six 
months  while  such  control  obtains,  to  cause  such  child  so 
to  attend  school,  he  shall,  upon  complaint  by  an  attendance 

1  Also  further  amended  by  chapter  396,  Acts  of  1913,  page  16  of  this  pamphlet. 


42  PUBLIC  INSTRUCTION.          [Cbap.  44. 

officer  and  conviction  thereof,  be  punished  by  a  fine  of 
not  more  than  twenty  dollars,  and  no  physical  or  mental 
condition  which  is  capable  of  correction,  or  which  renders 
the  child  a  fit  subject  for  special  instruction  at  public 
charge  in  institutions  other  than  public  day  schools, 
shall  avail  as  defence  under  the  provisions  of  this  or  the 
preceding  section,  unless  it  shall  be  made  to  appear  that 
the  defendant  has  employed  all  reasonable  measures  for 
the  correction  of  the  condition  and  the  suitable  instruction 
of  the  child. 

ducfngyto°ab-n"  Whoever  induces  or  attempts  to  induce  a  child  to  absent 
sent  himself  un-  himself  unlawfully  from  school,  or  employs  or  harbors  a 

lawfully  from  .  i        ,    .  •  i      n     i  .111 

schools,  etc.       child  while  school  is  in  session,  shall  be  punished  by  a 
fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

WHERE  CHILDREN  HAVE  A   RIGHT   TO   ATTEND   SCHOOL. 

Sa?rlttenddren  SECTION  3.  (As  amended  by  chapter  268,  Acts  of  1911, 
i855f256'|f  and  secti°n  3  °f  chapter  779,  Acts  of  1913.)  Every  child 
185?!  132!  shall  have  a  right  to  attend  the  public  schools  of  the  citv 

G.  S.  41,  §§3,  9.  ,  „  •  i  i  •  ,T  •    • 

p.s.47,  §§4,  10.  or  town  where  he  actually  resides,  subject  to  the  provisions 
1894.  498,  §§  4,  .  . 


.     ,      ,   o£  sec^.jon  £our  of  .j^g  cnapter,  and  to   such  reasonable 
i29AUen,'  12?!     regulations  as  to  numbers  and  qualifications  of  pupils  to 
165  Mass!  46o!     De  admitted  to  the  respective  schools  and  as  to  other 
school  matters  as  the  school  committee  shall  from  time 
to  time  prescribe.     No  child  shall  be  excluded  from  a 
public  school  of  any  city  or  town  on  account  of  race, 
color  or  religion. 

ATTENDANCE  AT   SCHOOLS   IN   PLACES    OTHER   THAN 
RESIDENCE. 

dSdJe  nnacte  °f        SECTION  4.     (As  amended  by  chapter  375,  Acts  of  1905, 
school  in  places  chapter  268,  Acts  of  1911,  and  section  A  of  chapter  779, 

other  than  resi-     A  r  \-rini  »      v 

dence  of  parents  Acts  of  1913.)  It  shall  be  the  duty  of  the  school  com- 
?egKed?ns  mittee  of  each  city  or  town  to  provide  for  the  attendance 
G?s.43i2,'§7.  of  all  children  of  school  age  resident  therein  and  to  enforce 
p.7!'.  ffiil'  the  same  under  the  provisions  of  section  one  of  this 
1896*  382*  §^'  chapter.  But  if  a  child  who  is  required  by  the  provisions 
1  '  °^  a^  section  one  to  attend  school  resides  temporarily 


104 
164  Mas'!  430!     in  a  city  or  town  other  than  that  of  the  legal  residence 

of  his  parent  or  guardian  for  the  especial  purpose  of 
attending  school  there  in  preference  to  the  place  of  such 
legal  residence,  the  said  city  or  town  may,  for  the  tuition 
of  such  child  during  the  period  of  such  attendance,  recover 


Chap.  44.]         SCHOOL   ATTENDANCE.  43 

from  the  parent  or  guardian,  whether  he  resides  within  or 
without  the  commonwealth,  a  sum  equal  to  the  average 
expense  per  pupil  of  such  school  for  that  period,  unless 
under  the  provisions  of  section  three  of  chapter  forty-two 
of  the  Revised  Laws,  as  amended  by  chapter  four  hundred 
and  thirty-three  of  the  acts  of  the  year  nineteen  hundred 
and  two,  and  by  chapter  five  hundred  and  thirty-seven  of 
the  acts  of  the  year  nineteen  hundred  and  eleven, 1  or  of 
section  five  of  chapter  forty-four  of  the  Revised  Laws, 
such  tuition  is  recoverable  from  the  city  or  town  in  which 
the  parent  or  guardian  resides. 

A  child  who  is  not  required  by  the  provisions  of  section  Tuition, 
one  of  this  chapter  to  attend  school  may,  in  the  discretion 
of  the  school  committee,  be  required  as  a  condition  of 
admission  to  a  school  in  a  city  or  town  other  than  that 
in  which  his  parent  or  guardian  has  a  legal  residence,  to 
pay  as  tuition  a  sum  equal  to  the  average  expense  per 
pupil  in  the  school  which  such  child  seeks  to  enter,  the 
same  to  be  paid  annually,  semi-annually  or  at  other 
periods  in  advance  as  the  school  committee  may  deter- 
mine. 

For  the  tuition  in  the  public  schools  in  any  city  or  town  Tuition. 
of  any  child  between  the  ages  of  five  and  fifteen  years  who 
shall  be  placed  elsewhere  than  in  his  own  home  by  the 
state  board  of  charity,  or  by  the  trustees  of  the  Massa- 
chusetts training  schools,  or  kept  under  the  control  of 
either  of  said  boards  in  such  city  or  town,  the  common- 
wealth shall  pay  to  said  city  or  town,  and  for  such  tuition 
of  any  such  child  so  placed  by  the  trustees  for  children  of 
the  city  of  Boston,  or  so  kept  under  the  control  of  said 
trustees,  the  city  of  Boston  from  its  appropriation  for 
school  purposes,  shall  pay  to  said  city  or  town  fifty  cents 
for  each  week  of  five  days,  or  major  part  thereof,  of 
attendance  of  every  such  child  in  the  public  schools,  or, 
if  the  school  committee  of  said  city  or  town  so  desires,  an 
amount  equal  to  the  average  expense  for  each  pupil  of 
such  school  during  the  preceding  year,  for  a  period  equal 
to  the  time  during  which  the  child  so  attends. 

For  the  transportation  to  and  from  a  public  school  of  Transportation. 
any  child  whose  tuition  is  payable  by  the  commonwealth 
or  by  the  city  of  Boston  under  the  provisions  of  this  sec- 
tion, the  commonwealth  or  the  city  of  Boston,  as  the  case 

1  Also  further  amended  by  chapter  396,  Acts  of  1913. 


44  PUBLIC  INSTRUCTION.          [Chap.  44. 

may  be,  shall  pay  to  the  city  or  town  furnishing  such 
transportation,  for  each  week  of  five  days  or  major  part 
thereof,  an  amount  equal  to  the  average  amount  for  each 
child  paid  by  said  city  or  town  per  week  for  the  transporta- 
tion of  children  to  and  from  school  over  the  route  by 
which  such  child  is  conveyed.  Settlements  of  the  accounts 
of  the  several  cities  and  towns  with  the  commonwealth 
and  with  the  city  of  Boston  shall  be  made  annually  on  the 
first  day  of  April,  and  the  amounts  found  due  shall  be 
paid  within  three  months  thereafter.  The  money  received 
by  said  cities  and  towns  under  the  provisions  of  this 
section  shall  be  applied  to  the  support  of  schools.  For 
the  tuition  in  the  public  schools  in  any  town  of  less  than 
ten  thousand  inhabitants  of  any  child  between  the  ages 
of  five  and  fifteen  years  not  theretofore  resident  in  such 
town,  who  is  an  inmate  of  an  institution  containing 
more  than  six  inmates,  such  town  may  recover  from  said 
institution  the  additional  school  expense  incurred,  as 
may  be  determined  jointly  by  the  school  committee  of 
said  town  and  the  trustees  or  managers  of  said  institu- 
tion, or,  in  case  of  disagreement  between  said  school 
committee  and  said  trustees  or  managers,  as  may  be 
decreed  by  the  probate  court;  but  no  demand  shall  be 
made  upon  said  trustees  or  managers  without  a  vote 
of  the  town  instructing  the  school  committee  to  that 
effect. 
Attendance  SECTION  5.  Any  child,  with  the  consent  of  the  school 

outside  place  of  .  • '    i          •  •  i  •    i      i 

i857dei32e'  committee  or  the  city  or  town  in  which  he  resides,  may 
G.  s.  4i,' §7.  attend,  at  the  expense  of  said  city  or  town,  the  public 
p.  s'.  47,'§8.'  schools  of  another  city  or  town,  upon  such  terms  as  may 
1898,' 4%!  §  16.  be  satisfactory  to  the  school  committees  of  the  cities  or 
towns  in  interest. 


VACCINATION  OF  CHILDREN;    ALSO  EXCLUSION  FROM  SCHOOL 
ON  ACCOUNT   OF   CONTAGIOUS  DISEASE. 

cwidiention  °f       SECTION  6.     (As  amended  by  chapter  371,  Acts  of  1906, 

gbf-jj&tt      and  chapter  215,  Acts  of  1907.)    A  child  who  has  not  been 

1894,' 515!    '       vaccinated    shall    not    be    admitted    to    a    public    school 

except    upon    presentation    of    a    certificate    granted    for 

cause  stated  therein,  signed  by  a  regular  practising  physi- 

Eu°iisinnhofuse-  ^^  ^ia^  ^6  *s  no^  ^  ^  subject  ^or  vaccination.  A  child 
hoS  ha?ingua3e~  who  is  a  member  of  a  household  in  which  a  person  is  ill 
disease?118  with  smallpox,  diphtheria,  scarlet  fever,  measles,  or  any 


Chap.  45.]    THE  NAUTICAL  TRAINING  SCHOOL.  45 

other  infectious  or  contagious  disease,1  or  of  a  household  G5s.44i4,'§§l.' 
exposed    to    such    contagion   from    another   household    as  fggf*^*  §9' 
aforesaid,  shall  not  attend  any  public  school  during  such  JfJJ'Jjji1 
illness  until  the  teacher  of  the  school  has  been  furnished  §§  Q,'  10.  ' 
with  a  certificate  from  the  board  of  health  of  the  city  or 
town,  or  from  the  attending  physician  of  such  person,  stat- 
ing that  danger  of  conveying  such  disease  by  such  child 
has  passed. 

REASONS    TO    BE    GIVEN    FOR    EXCLUSION;      ALSO    DAMAGES 
FOR   UNLAWFUL   EXCLUSION. 

SECTION  7.     The   parent,    guardian   or   custodian   of   a  Exclusion  from 
child  who  has  been  refused  admission  to  or  excluded  from  for,  when. 
the  public  schools  shall  on  application  therefor  be  furnished  1355!  256,'  §§  2-4. 
by  the  school  committee  with  a  statement  in  writing  of  the  §;  s'  41>  §§ 
reasons  for  the  exclusion.     After  a  statement  has  been  so  f3-  s-  47>  §§  n" 
furnished  a  child  who  has  been  so  refused  admission  to  or  }®94'  493,  §§  12- 
excluded  from  said  schools  may  recover  damages  from  the  ISQS,  496^  §  9. 
city  or  town  in  an  action  of  tort  for  unlawful  exclusion,  ?  Gray!  245! 
and  may  examine  any  member  of  the  school  committee  ne 


or  any  other  officer  of  the  defendant  city  or  town,  upon  H?  MOM!  581.' 
interrogatories,  as  if  he  were  a  party  to  the  action.  165  Mas3-  460< 

PUPIL  NOT  TO   BE   EXCLUDED   WITHOUT  A   HEARING. 

SECTION  8.     A  school  committee  shall  not  permanently  ^f^j^jj 
exclude  a  pupil  from  the  public  schools  for  alleged  mis-  out  hearing. 
conduct  without  first  giving  him   an   opportunity  to  be  lf 
heard. 


THE  NAUTICAL  TRAINING2  SCHOOL. 

[Revised  Laws,  Chapter  45.] 

SECTION  1.  There  shall  be  a  board  of  commissioners  of 
the  Massachusetts  nautical  training  school  consisting  of 
three  citizens  of  the  commonwealth,  one  of  whom  shall  i^iTTolCiff. 
annually,  before  the  first  day  of  July,  be  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council, 
for  a  term  of  three  years  from  said  first  day  of  July. 

SECTION  2.     Said    commissioners    shall    serve    without  ~ 
compensation,  but  they  shall  be  reimbursed  by  the  com-  *m  m  §2 

1  A  list  of  diseases  declared  dangerous  to  the  public  health  may  be  secured  on  appli- 
cation to  the  State  Department  of  Health,  State  House,  Boston. 

2  See  chapter  224,  Acts  of  1913,  page  46  of  this  pamphlet,  for  change  of  name. 


46 


PUBLIC  INSTRUCTION.          [Chap.  45. 


Res. 


,  4. 


i89i°°402  §5 
1893,'  124! 


monwealth  for  all  expenses  actually  incurred  by  them  in 
the  performance  of  their  official  duties. 

SECTION  3.  They  shall  provide  and  maintain  a  nautical 
training  school  for  the  instruction  and  training  of  pupils 
in  the  science  and  practice  of  navigation,  shall  provide 
accommodations  for  the  school  on  board  a  proper  vessel, 
purchase  and  provide  books,  stationery,  apparatus  and 
supplies  needed  in  the  work  of  the  school,  appoint  and 
remove  instructors  and  other  necessary  employees,  deter- 
mine their  number  and  compensation,  fix  the  terms  and 
conditions  upon  which  pupils  shall  be  received  and  in- 
structed  in  the  school  and  be  discharged  or  dismissed 
therefrom,  establish  all  regulations  necessary  for  its  proper 
management  and  shall  from  time  to  time  provide  for 
cruises  in  or  from  the  harbor  of  Boston. 

7eSTeai8froCmIhe  SECTION  4.  They  may  receive  from  the  United  States 
government,  and  use  for  the  accommodation  of  the  school, 
sucn  vessels  as  the  secretary  of  the  navy  may  detail. 

SECTION  5.  (As  amended  by  chapter  171,  Acts  of 
^903.)  They  may  annually  expend  such  sum  as  the 
general  court  may  from  year  to  year  appropriate,  which 
shall  be  paid  by  the  commonwealth;  and  they  shall  annu- 
ally submit  an  estimate  of  the  expense  required  in  making 
cruises  in  or  from  the  harbor  of  Boston,  and  the  amount 
of  said  estimate,  after  approval  by  the  governor  and  coun- 
cil and  subject  to  the  provisions  of  chapter  six,  shall  be 
advanced  to  the  commanding  officer  of  the  vessel  detailed 
therefor,  who  shall  give  a  bond  in  the  sum  of  ten  thousand 
dollars,  with  sureties  approved  by  the  governor  and  coun- 
cil, for  its  proper  disbursement.  Said  advance  shall  not 
exceed  ten  thousand  dollars  for  six  months,  and  shall  be 
accounted  for  by  properly  approved  vouchers  within  thirty 
days  after  the  termination  of  said  cruises. 

SECTION  6.  They  shall  annually,  in  January,  report  to 
the  general  court  a  detailed  statement  of  all  moneys  ap- 
propriated and  expended  during  the  preceding  year  for  the 
nautical  training  school,  stating  the  results  of  the  work  during 
such  year  and  making  any  necessary  recommendations. 

TO  CHANGE  THE  NAME  OF  THE  MASSACHUSETTS  NAUTICAL  TRAIN- 

ING SCHOOL. 

Chapter  224,  Acts  of  1913,  provides  as  follows:  — 
SECTION  1  .    The  Massachusetts  nautical  training  school  shall  here- 
after be  designated  and  known  as  the  Massachusetts  nautical  school. 
SECTION  2.    This  act  shall  take  effect  upon  its  passage. 


f89?,U4ao2? 


Chap.  46.]    TRUANTS  AND  TRAINING  SCHOOLS.  47 

TRUANTS  AND  TRAINING  SCHOOLS. 

[Revised  Laws,  Chapter  46.] 
UNION   OF   COUNTY   TRAINING   SCHOOLS. 

SECTION  1.  (As  amended  by  chapter  256,  Acts  of  1902, 
and  section  5  of  chapter  779,  Acts  of  1913.)  The  county 
commissioners  of  each  county,  except  the  counties  of  p^sUs.sw. 
Barnstable,  Berkshire,  Franklin,  Hampshire,  Dukes  County  isse',  232! 
and  Nantucket,  shall  maintain  either  separately  or  jointly  1394!  498,'  §  10. 
with  the  commissioners  of  other  counties  as  hereinafter  HJeJeo. 
provided,  in  a  suitable  place,  not  at  or  near  a  penal  insti-  S'Jgg'. §  22< 
tution,  a  school  for  the  instruction  and  training  of  chil- 
•dren  committed  thereto  as  habitual  truants,  absentees  or 
school  offenders.  The  county  commissioners  of  two  or 
more  counties  may,  at  the  expense  of  said  counties,  estab- 
lish and  maintain  a  union  school  which  shall  be  organized 
.and  controlled  by  the  chairmen  of  the  county  commis- 
sioners of  said  counties.  The  chairmen  of  the  respective 
boards  of  county  commissioners  of  the  counties  of  Norfolk, 
Bristol  and  Plymouth,  having  the  management  of  the 
Norfolk,  Bristol  and  Plymouth  union  training  school,  shall 
each  be  paid  the  sum  of  one  hundred  dollars  annually  by 
said  counties,  respectively.  The  county  commissioners  of 
the  counties  of  Barnstable,  Berkshire,  Franklin,  Hamp- 
shire, Dukes  County  and  Nantucket  shall  assign  a  training 
school  established  by  law  as  the  place  for  the  instruction 
and  training  of  children  committed  within  their  respective 
counties  as  habitual  truants,  absentees  or  school  offenders, 
and  shall  pay  for  their  support  in  said  school  such  reason- 
able sum  as  the  county  commissioners  having  control  of 
said  school  may  determine.  For  the  purposes  of  this 
chapter  the  parental  school :  of  the  city  of  Boston  shall  be 
deemed  the  county  training  school  of  the  county  of  Suf- 
folk, and  commitments  from  the  towns  of  Revere  and 
Winthrop  and  the  city  of  Chelsea  shall  be  to  the  training 
school  for  the  county  of  Middlesex. 

The  city  or  town  from  which  an  habitual  truant,  ab- 
sentee or  school  offender  is  committed  to  a  county  train- 
ing school  shall  pay  to  the  county  within  which  it  is 
situated  one  dollar  a  week  toward  his  support,  and  reports 

1  See  chapter  738,  ActS  of  1914,  page  54  of  this  pamphlet. 


48 


PUBLIC  INSTRUCTION.          [Chap.  46. 


of  the  condition  and  progress  of  its  pupils  in  said  school 
shall  be  sent  each  month  to  the  superintendent  of  schools 
of  such  city  or  town;  but  the  towns  of  Revere  and  Win- 
throp  and  the  city  of  Chelsea  shall  pay  to  the  county  of 
Middlesex,  for  the  support  of  each  child  committed  to  the 
training  school  of  said  county,  two  dollars  and  fifty  cents 
a  week,  and  such  additional  sums  for  each  child  as  will 
cover  the  actual  cost  of  maintenance. 


VISITATION    BY    STATE    BOARD    OF    EDUCATION    AND    BY    THE 
STATE    BOARD    OF   CHARITY. 

SECTION  2.     County  truant  schools  shall  be  subject  to 
1898, 496,  §  23.    visitation  by  the  board  of  education  and  by  the  state  board 
of  charity,  and  said  boards  shall  report  thereon  annually 
to  the  general  court. 


Truant  schools, 
visitation  of. 


2XS?1 


J889,  249, 
1898J  495! 


2^ 
24! 


HABITUAL   TRUANTS. 

SECTION  3.  (As  amended  by  chapter  330,  Acts  of  1903, 
chapter  220,  Acts  of  1904,  and  section  6  of  chapter  779, 
Acts  of  1913.}  A  child  between  seven  and  sixteen  years  of 
age  who  wilfully  and  habitually  absents  himself  from 
school  contrary  to  the  provisions  of  section  one  of  chapter 
forty-four  of  the  Revised  Laws,  as  amended,  shall  be 
deemed  to  be  an  habitual  truant,  and,  unless  placed  on 
probation  as  provided  in  section  seven  of  this  chapter, 
may,  upon  complaint  by  an  attendance  officer  and  con- 
viction thereof,  be  committed  to  a  county  training  school. 


HABITUAL  ABSENTEES. 

SECTION  4.  (As  amended  by  chapter  330,  Acts  of  1903, 
1898, 496, §25.  chapter  220,  Acts  of  1904,  and  section  7  of  chapter  779, 
Acts  of  1913.)  A  child  between  seven  and  sixteen  years 
of  age  who  may  be  found  wandering  about  in  the  streets 
or  public  places  of  any  city  or  town,  having  no  lawful 
occupation,  habitually  not  attending  school  and  growing 
up  in  idleness  and  ignorance,  shall  be  deemed  to  be  an 
habitual  absentee,  and,  unless  placed  on  probation  as 
provided  in  section  seven  of  said  chapter  forty-six  may, 
upon  complaint  by  an  attendance  officer  or  any  other 
person,  and  conviction  thereof,  be  committed  to  a  county 
training  school. 


Chap.  46.]    TRUANTS  AND  TRAINING  SCHOOLS.  49 


HABITUAL   SCHOOL   OFFENDERS. 

SECTION  5.  (As  amended  by  chapter  330,  Acts  of  1903, 
chapter  220,  Acts  of  1904,  and  section  8  of  chapter  779,  }gg;Jg;{fK 
Acts  of  1913.)  A  child  under  sixteen  years  of  age  who  ISQS!  490!  §  25! 
persistently  violates  the  reasonable  regulations  of  the 
school  which  he  attends,  or  otherwise  persistently  mis- 
behaves therein,  so  as  to  render  himself  a  fit  subject  for 
exclusion  therefrom,  shall  be  deemed  to  be  an  habitual 
school  offender,  and,  unless  placed  on  probation  as  pro- 
vided in  section  seven  of  said  chapter  forty-six  may,  upon 
complaint  by  an  attendance  officer  and  conviction  thereof, 
be  committed  to  a  county  training  school. 

SUPPORT   OF  INMATES   OF  TRAINING   SCHOOLS. 

SECTION  6.     (As  amended  by  section  9  of  chapter  779,  ^^i°^. 
Acts  of  1913.}    The  court  or  magistrate  by  whom  a  child  ing  schools. 
has  been  committed  to  a  county  training  school  may  make 
an  order  relative  to  the  payment  by  his  parents  to  the 
county  of  the  cost  of  his  support  while  in  said  school,  and 
may  from  time  to  time  revise  and  alter  such  order  or  make 
a   new   order  as  the   circumstances   of  the  parents  may 
justify. 

TRUANTS   ON   PROBATION. 

SECTION  7.     A  court  or  magistrate  by  whom  a  child  has  Placing  truants 

i  .    ,      -i        <»  «>  i         j  i  ••  p    j  i  •      on  probation. 

been  convicted  or  an  onence  under  the  provisions  01  this  isos,  496,  §  28. 
chapter  may  place  such  child  on  probation  under  the  over- 
sight of  a  truant  officer  of  the  city  or  town  in  which  the 
child  resides,  or  of  a  probation  officer  of  said  court,  for 
such  period  and  upon  such  conditions  as  said  court  or 
magistrate  may  deem  best;  and  if,  within  such  period,  the 
child  violates  the  conditions  of  his  probation,  such  truant 
officer  or  probation  officer  may,  without  warrant  or  other 
process,  take  the  child  before  the  court,  and  the  court  may 
thereupon  sentence  him  or  may  make  any  other  lawful 
disposition  of  the  case. 

PERMITS  TO   BE  AT  LIBERTY;     ALSO      RELEASES. 

SECTION  8.     (As  amended  by  chapter  $20,  Acts  of  1904,  aUiblrt^0 be 
and  section   10  of  chapter   779,  Acts   of   1913.)      County  }gg.5Jj-' 

*•  •  (*        i  i  1*1*  •n        i  /»  11  loao,  49o,  §  z.'J 

commissioners,    if    they    think    it   will    be    for    the   best  sso,  §  i. 
interest    of    any    child    who    has    been    committed    to    a 
county  training  school  under  their  control,   after  notice 


50  PUBLIC  INSTRUCTION.          [Chap.  46. 

and  an  opportunity  to  be  heard  has  been  given  to  the 
superintendent  of  schools,  or,  if  there  is  no  superintendent, 
to  the  school  committee  of  the  city  or  town  from  which 
such  child  was  committed  to  said  school,  may  permit  him 
to  be  at  liberty  upon  such  conditions  as  said  commissioners 
may  deem  best;  or,  with  the  approval  of  the  court  which 
imposed  the  sentence,  they  may  discharge  him  from  said 
school;  and  upon  such  parole  or  discharge  they  shall  make 
an  entry  upon  their  records  of  the  name  of  such  child,  the 
date  of  parole  or  discharge  and  the  reason  therefor;  and 
a  copy  of  such  record  shall  be  transmitted  to  the  court  or 
magistrate  by  whom  such  child  was  committed  and  to  the 
school  committee  of  the  city  or  town  from  which  he  was 
committed . 

If  such  child,  in  the  opinion  of  said  commissioners,  vio- 
lates the  conditions  of  his  parole  at  any  time  previous  to 
the  expiration  of  the  term  for  which  he  was  committed  to 
said  school,  such  parole  may  be  revoked.  If  a  superin- 
tendent of  schools  or  a  school  committee  furnishes  evi- 
dence satisfactory  to  said  commissioners  of  the  violation 
by  a  child  of  the  conditions  of  his  parole,  said  commis- 
sioners shall  revoke  such  parole,  and  may  thereupon  issue 
an  order  directed  to  the  attendance  or  police  officers  of 
any  city  or  town  to  arrest  such  child  wherever  found  and 
return  him  to  said  school.  Such  officer  shall  arrest  such 
child  and  return  him  to  said  school,  where  he  shall  be 
held,  subject  to  the  provisions  of  this  chapter,  for  the 
residue  of  the  term  of  the  original  sentence. 

The  expense  of  such  arrest  and  return,  so  far  as  ap- 
proved by  the  commissioners,  shall  be  paid  by  the  county 
or  counties  maintaining  said  school.  A  child  who  has 
been  committed  to  a  county  training  school,  whether  he 
be  confined  at  the  county  training  school  or  be  on  parole 
as  provided  in  this  section,  shall  be  discharged  from  the 
custody  and  care  of  such  school  upon  his  becoming  six- 
teen years  of  age.  Releases  from  the  parental  school 1  of 
the  city  of  Boston  shall  be  governed  by  the  provisions  of 
chapter  five  hundred  and  fourteen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-six,  and  shall  be  made 
by  the  trustees  for  children  who  shall  have  and  exercise 
the  powers  given  by  said  chapter  to  the  institutions  com- 
missioner of  said  city. 

1  See  chapter  738,  Acts  of  1914,  page  54  of  this  pamphlet. 


Chap.  46.]    TRUANTS  AND  TRAINING  SCHOOLS.  51 


TEMPORARY  RELEASE  OF  HABITUAL  TRUANTS,  ABSENTEES, 
OR  SCHOOL  OFFENDERS. 

SECTION  9.  (As  amended  by  chapter  308,  Acts  of 
1903.)  If  a  near  relation  of  a  child  who  is  confined  on  ing  school. 
a  sentence  as  an  habitual  truant,  habitual  absentee  or 
habitual  school  offender  dies  or  is  seriously  ill,  any  member 
of  the  board  of  trustees  or  county  commissioners  having 
charge  of  the  institution  may  order  such  child  to  be  re- 
leased for  a  specified  time,  either  with  or  without  the  cus- 
tody of  the  superintendent  or  other  officer,  and  may  revoke, 
extend  or  otherwise  modify  such  order.  The  expenses 
incurred  in  serving  such  order  shall  be  approved  and  paid 
in  the  same  manner  as  other  expenses  of  the  institution  in 
which  the  child  is  confined. 

DISPOSITION  OF  VICIOUS  INMATES. 

SECTION  10.  (As  amended  by  chapter  330,  Acts  of  1903, 
and  section  11  of  chapter  779,  Acts  of  1913.)  An  inmate 
of  a  county  training  school  or  of  the  parental  *  school  of 
the  city  of  Boston  who  persistently  violates  the  reasonable 
regulations  thereof,  or  is  guilty  of  indecent  or  immoral 
conduct,  or  otherwise  grossly  misbehaves,  so  as  to  render 
himself  an  unfit  subject  for  retention  therein,  may,  upon 
complaint  by  the  officer  in  control  of  said  school  and  con- 
viction thereof,  if  under  fifteen  years  of  age,  be  committed 
to  the  Lyman  school  for  boys;  if  over  fifteen  years  of  age, 
to  the  industrial  school  at  Shirley.  If  a  girl  who  is  com- 
mitted to  the  custody  of  the  state  board  of  charity  under 
sections  three,  four  or  five  of  this  chapter,  proves  un- 
manageable in  a  private  family,  she  may  be  committed, 
by  the  state  board  of  charity,  to  the  state  industrial 
school  for  girls. 

SUMMONSES,  WARRANTS,  JURISDICTION. 

SECTION  11.     Police,  district  and  municipal  courts  and 

..-,..  n  ..  ,  ,  . 

trial   justices   shall   have   jurisdiction   of   offences   arising  P^S-  |^  §  is. 
under  the  provision  of  section  one  of  chapter  forty-four  and  1894,'  498,'  §  is. 

j.1  •    •  £     xl_  •          l_  A  iSSS,  496,  §  32. 

under  the  provisions  of  this  chapter.  A  summons  or 
warrant  issued  by  such  court  or  justice  may  be  served,  at 
the  discretion  of  the  court  or  magistrate,  by  a  truant  officer 2 

1  See  chapter  738,  Acts  of  1914,  page  54  of  this  pamphlet. 

2  See  section  13,  chapter  779,  Acts  of  1913,  page  53  of  this  pamphlet. 


52 


PUBLIC  INSTRUCTION.          [Chap.  46. 


or  by  any  officer  qualified  to  serve  criminal  process.  Upon 
complaint  against  a  child  for  any  such  offence  the  parents, 
guardian  or  custodian  of  the  child  shall  be  notified  as  is 
required  by  section  seventeen  of  chapter  eighty-six. 1  A 
child  against  whom  complaint  as  an  habitual  absentee  is 
brought  by  any  other  person  than  a  truant  officer  shall  not 
be  committed  until  notice  and  an  opportunity  to  be  heard 
have  been  given  to  the  state  board  of  charity. 


Attendance 

(truant) 

officers. 

1873,  262,  §  2. 

1874,  233,  §  2. 
P.  S.  48,  §11. 
1894,  498,  §  20. 
1898,  496,  §  33. 


ATTENDANCE   OFFICERS. 

SECTION  12.  (As  amended  by  chapter  552,  Acts  of  1912, 
and  chapter  711,  Acts  of  1912.)  The  school  committee 
of  every  city  and  town  shall  appoint  and  fix  the  compen- 
sation of  one  or  more  truant  officers, 2  who  may  be  either 
male  or  female  as  the  committee  may  decide,  and  shall 
make  regulations  for  their  government.  Truant  officers 2 
shall  not  receive  fees  for  their  services.  The  school  com- 
mittees of  two  or  more  cities  or  towns  may  employ  the 
same  truant  officers. 


—  duties  of. 
1873,  262,  §  2. 
P.  S.  48,  §  11. 
1889,  422. 
1894,  498,  §  23. 
1898,  496,  §  34. 


DUTIES   OF   ATTENDANCE   OFFICERS. 

SECTION  13.  (As  amended  by  section  12  of  chapter  779, 
Acts  of  1913.)  Attendance  officers  shall  inquire  into  all 
cases  arising  under  the  provisions  of  sections  one,  two, 
three,  four  and  six  of  chapter  forty-four  and  sections 
three,  four,  five  and  eight  of  this  chapter,  or  of  sections 
sixty-one,  sixty-two,  sixty-three  or  sixty-six  of  chapter  five 
hundred  and  fourteen  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  and  may  make  complaints  and  serve 
legal  processes  issued  under  the  provisions  of  this  chapter. 
They  shall  have  oversight  of  children  placed  on  probation 
under  the  provisions  of  section  seven;  of  children  suffering 
want  to  whom  the  provisions  of  chapter  three  hundred 
and  fifty-six 3  of  the  acts  of  the  year  nineteen  hundred  and 
four  apply;  of  minors  licensed  by  the  school  committee 
under  the  provisions  of  chapter  four  hundred  and  nine- 
teen z  of  the  acts  of  the  year  nineteen  hundred  and  ten 
and  subsequent  amendments  thereof;  and  of  children 
admitted  to  or  attending  shows  or  entertainments  con- 
trary to  the  provisions  of  chapter  five  hundred  and  thirty- 


1  See  also  section  4,  chapter  413,  Acts  of  1906. 

z  See  section  13,  chapter  779,  Acts  of  1913,  page  53  of  this  pamphlet. 

3  See  page  72  of  this  pamphlet. 


Chap.  46.]    TRUANTS  AND  TRAINING  SCHOOLS.  53 

two  l  of  the  acts  of  the  year  nineteen  hundred  and  ten. 
An  attendance  officer  may  apprehend  and  take  to  school 
without  a  warrant  any  truant  or  absentee  found  wander- 
ing about  in  the  streets  or  public  places. 

ATTENDANCE  OFFICERS. 

Chapter  779,  Acts  of  1913,  amends  certain  sections  of  this  chapter 
(chapter  46,  Revised  Laws),  and  includes  three  new  sections,  as 
follows :  — 

SECTION  13.    The   officers   hitherto   known   as   truant   officers  Truant  officers 
shall  hereafter  be  known  as  attendance  officers,  and  all  laws  now  attendance"  &S 
or  hereafter  in  force  relative  to  truant  officers  shall  apply  to  at-  officers, 
tendance  officers. 

MANUAL  TRAINING  AND  INDUSTRIAL  EDUCATION. 

SECTION  24.    Nothing  in  this  act  shall  be  construed  to  prevent  Children  not 
children  of  any  age  from  receiving  manual  training  or  industrial  f ^^  FI8ceTvFned 
education  in,  or  in  connection  with,  any  school  in  this  common-  manual  train- 
wealth:  provided,  that  the  same  has  been  duly  approved  by  the  ingi  ®tCt 
local  school  committee  or  by  the  board  of  education.  Proviso. 

SECTION  25.    Chapter  three  hundred  and  eighty-nine  of  the  Repeal. 
acts  of  the  year  nineteen  hundred  and  six  and  chapter  three  hundred 
and  ten  of  the  acts  of  the  year  nineteen  hundred  and  eleven  and 
all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

THE  NAME  OF  THE   ESSEX  COUNTY  TRUANT  SCHOOL  CHANGED 

TO  THE  ESSEX  COUNTY  TRAINING  SCHOOL. 
Chapter  148,  Acts  of  1906,  provides  as  follows:  — 
SECTION  1.    The   Essex   County   Truant   School   at   Lawrence 

shall  hereafter  be  called  the  Essex  County  Training  School. 
SECTION  2.    This  act  shall  take  effect  upon  its  passage. 

NAME   OF  THE  WORCESTER  COUNTY  TRUANT  SCHOOL  CHANGED 

TO  THE  WORCESTER  COUNTY  TRAINING  SCHOOL. 
Chapter  194,  Acts  of  1907,  provides  as  follows:  — 
SECTION  1.    The   Worcester   County  Truant   School   at  West 

Boylston,  shall  hereafter  be  called  the  Worcester  County  Training 

School. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 

CHANGE  IN  NAME  OF  CERTAIN  TRUANT  SCHOOLS. 

Chapter  103,  Acts  of  1908,  provides  as  follows :- 

The  truant  school  at  Springfield  in  the  county  of  Hampden,  Certain  truant 
the  truant  school  at  Chelmsford  in  the  county  of  Middlesex,  and 
the  truant  school  at  Walpole  in  the  county  of  Norfolk  shall  here- 
after  be  called,  respectively,  the  Hampden  county  training  school, 
the  Middlesex  county  training  school,  and  the  Norfolk,  Bristol 
and  Plymouth  union  training  school;  and  any  school  hereafter  es- 

1  See  page  73  of  this  pamphlet. 


54 


PUBLIC  INSTRUCTION.          [Chap.  46. 


Disciplinary 
day  schools 
may  be  estab- 
lished in  city 
of  Boston. 


Construction, 
etc.,  of  build- 
ings. 


Rules  and 
regulations. 


Apprehension 
of  truants,  etc. 


Penalty  for 
failure  to 
cause  child  to 
attend  school. 


Penalty  for  in- 
ducing child 
to  absent  him- 
self from 
school,  etc. 


Commitment 
of  certain 
offenders  to 
Suffolk  School 
for  Boys. 


Proviso. 


tablished  pursuant  to  section  one  of  chapter  forty-six  of  the  Revised 
Laws  relative  to  truants  and  truant  schools  shall  be  called  a  train- 
ing school.  All  laws  now  or  hereafter  in  force  relative  to  truants 
and  truant  schools  shall  apply  to  training  schools  and  to  commit- 
ments thereto. 

CHAPTER  738,  ACTS  OP  1914. 

AN  ACT  TO  AUTHORIZE  THE  ESTABLISHMENT  OF  DISCIPLINARY 

DAY  SCHOOLS  IN  THE  CITY  OF  BOSTON  AND  THE  ABOLITION  OF 

THE  PARENTAL  SCHOOL  OF  SAID  CITY. 

SECTION  1.  The  school  committee  of  the  city  of  Boston  may 
establish  and  maintain  one  or  more  disciplinary  day  schools  for  the 
instruction  and  training  of  children  who  are  habitual  truants, 
absentees  or  school  offenders  as  defined  in  sections  three,  four  and 
five  of  chapter  forty-six  of  the  Revised  Laws  as  amended  by  chapter 
three  hundred  and  thirty  of  the  acts  of  the  year  nineteen  hundred 
and  three  and  by  chapter  two  hundred  and  twenty  of  the  acts  of 
the  year  nineteen  hundred  and  four,  and  by  sections  six,  seven  and 
eight,  respectively,  of  chapter  seven  hundred  and  seventy-nine  of 
the  acts  of  the  year  nineteen  hundred  and  thirteen. 

SECTION  2.  The  board  of  schoolhouse  commissioners  of  the 
city  of  Boston  may  erect  and  furnish  such  school  buildings  upon 
land  now  owned  by  the  city  and  now  used  for  school  purposes  or 
otherwise,  or  said  board  of  schoolhouse  commissioners  may  cause 
to  be  taken,  in  the  same  manner  in  which  land  is  taken  for  school 
purposes,  land  in  said  city  to  be  occupied  by  said  school  buildings 
and  shall  construct  and  furnish  such  school  buildings  thereon. 

SECTION  3.  The  school  committee  may  adopt  rules  and  regu- 
lations for  the  supervision  and  direction  of  such  schools,  and  may 
also  establish  rules  and  regulations  for  placing  children  in  such 
schools. 

SECTION  4.  Any  attendance  officer  may  apprehend  and  take 
to  any  such  school  without  a  warrant  any  habitual  truant,  absentee 
or  school  offender  who  has  been  placed  in  such  school  under  rules 
and  regulations  established  by  the  school  committee  relating  thereto. 

SECTION  5.  Every  person  having  under  his  control  a  child 
placed  in  any  such  school  shall  cause  him  to  attend  school  as  pro- 
vided in  the  rules  and  regulations  of  the  school  committee,  and  if 
he  fails  to  cause  such  child  so  to  attend  school  he  shall,  upon  com- 
plaint of  an  attendance  officer  and  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  more  than  ten  dollars.  Whoever  induces 
or  attempts  to  induce  a  child  to  absent  himself  from  any  such 
school,  or  employs  or  harbors  a  child  while  such  school  is  in  session, 
shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than 
twenty  dollars. 

SECTION  6.  An  inmate  of  any  such  school  who  persistently 
violates  the  reasonable  regulations  thereof,  or  who  is  generally  of 
indecent  or  immoral  conduct,  or  who  otherwise  grossly  misbehaves, 
so  as  to  render  himself  an  unfit  subject  to  attend  such  school,  may, 
upon  complaint  by  an  attendance  officer  or  by  the  officer  in  control 
of  such  school  and  conviction  thereof,  if  under  fifteen  years  of  age, 
be  committed  to  the  Suffolk  School  for  Boys:  provided,  however, 
that  in  no  case  shall  the  sentence  be  for  a  period  of  more  than  two 
years. 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  55 

SECTION  7.    All  children  confined  in  the  parental  school  of  the  Transfer  of 
city  of  Boston  at  the  date  when  the  schools  herein  provided  for  are  j£|J£j£J  SSSbi. 
established  shall  be  transferred  to  the  schools  established  by  this 
act,  and  shall  thereafter  be  required  to  attend  such  schools  under 
the  rules  and  regulations  of  the  school  committee. 

SECTION  8.     One  year  after  the  completion  and  opening  of  the  Parental  school 
schools  provided  for  in  this  act,  the  city  of  Boston  is  hereby  au-  ^e  a        ied) 
thorized  to  sell  or  otherwise  dispose  of  or  to  transfer  to  any  de- 
partment of  the  city,  to  be  used  for  municipal  purposes,  the  land 
and  buildings  now  occupied  by  the  said  parental  school.    Upon  the 
sale  or  transfer  of  the  property  the  parental  school  of  the  city  of 
Boston  shall  be  abolished,  and  said  city  of  Boston  and  the  county 
of  Suffolk  shall  thereafter  be  exempt  from  the  provisions  of  all 
laws  relating  to  the  maintenance  of  a  county  training  school. 

SECTION  9.    All  acts  and  parts  of  acts  relating  to  the  commit-  Repeal, 
ment  of  children  to  the  parental  school  of  the  city  of  Boston  are 
hereby  repealed. 

SECTION  10.    This  act  shall  take  effect  when  the  schools  herein  Tjme  of  taking 
provided  for  are  ready  for  occupancy.    The  school  committee  shall  e 
notify  the  mayor  thereof,  and  the  mayor  may  then  issue  his  procla- 
mation establishing  such  schools  as  disciplinary  day  schools. 


EMPLOYMENT  OF  WOMEN  AND   CHILDREN. 

[Chapter  514,  Acts  of  1909.] 


GENERAL  PROVISIONS. 

SECTION  17.    The  following  words  and  phrases  as  used  gf Inif0°6ns§-  8t 
in   all  laws   relative  to   the   employment   of  labor   shall, 
unless  a  different  meaning  is  plainly  required  by  the  con- 
text, have  the  following  meanings :  — 


"Child"  or  "Minor"  shall  mean  a  person  under  eight- 
een years  of  age,  except  that  in  regard  to  the  compulsory 
attendance  of  illiterate  minors  at  day  or  evening  schools, 
the  word  "Minor"  shall  mean  a  person  under  the  age  of 
twenty-one  years. 

(The  above  paragraph  is  as  amended  by  chapter  241,  Acts  of  1911,  and 
Chapter  191,  Acts  of  1912.) 

"Factory"  shall  mean  any  premises  where  steam,  water 
or  other  mechanical  power  is  used  in  aid  of  any  manufac- 
turing process  there  carried  on. 


56  PUBLIC  INSTRUCTION.        [Chap.  514. 


"Manufacturing  establishments"  shall  mean  any  prem- 
ises, room  or  place  used  for  the  purpose  of  making,  alter- 
ing, repairing,  ornamenting,  finishing  or  adapting  for 
sale  any  article  or  part  of  an  article. 

"Mechanical  establishments"  shall  mean  any  premises, 
other  than  a  factory  as  above  defined,  in  which  machinery 
is  employed  in  connection  with  any  work  or  process  car- 
ried on  therein. 

"Mercantile  establishments"  shall  mean  any  premises 
used  for  the  purposes  of  trade  in  the  purchase  or  sale  of 
any  goods  or  merchandise,  and  any  premises  used  for  the 
purposes  of  a  restaurant  or  for  publicly  providing  and 
serving  meals. 

"Workshop"  shall  mean  any  premises,  room  or  place, 
which  is  not  a  factory  as  above  defined,  wherein  manual 
labor  is  exercised  by  way  of  trade  or  for  purposes  of  gain 
in  or  incidental  to  a  process  of  making,  altering,  repairing, 
ornamenting,  finishing  or  adapting  for  sale  any  article  or 
part  of  an  article,  and  to  which  or  over  which  premises, 
room  or  place  the  employer  of  the  persons  working  therein 
has  the  right  of  access  or  control;  but  the  exercise  of  such 
manual  labor  in  a  private  house  or  private  room  by  the 
family  dwelling  therein  or  by  any  of  them  or  if  a  majority 
of  the  persons  therein  employed  are  members  of  such  fam- 
ily, shall  not  of  itself  constitute  such  house  or  room  a 
workshop  within  this  definition. 


WHEN  AND  WHERE  CHILDREN  UNDER  FOURTEEN  YEARS  OF 
AGE  SHALL  NOT  BE  EMPLOYED. 

SECTION  56.     (As  amended  by  section  14  of  chapter  719, 

s    Acis  °f  1913>  and  Section  1  °f  chapter  831,  acts  of  1913.)    No 
i905,'267,§  i.  "   minor  under  fourteen  years  of  age  shall  be  employed  or 
906f28'  permitted  to  work  in  or  about  or  in  connection  with  any 

factory,  workshop,  manufacturing,  mechanical  or  mer- 
cantile establishment,  barber  shop,  bootblack  stand  or 
establishment.,  public  stable,  garage,  brick  or  lumber  yard, 
telephone  exchange,  telegraph  or  messenger  office  or  in 
the  construction  or  repair  of  buildings,  or  in  any  contract 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  57 

or  wage  earning  industry  carried  on  in  tenement  or  other 
houses.  No  minor  under  fourteen  years  of  age  shall  be 
employed  at  work  performed  for  wage  or  other  compensa- 
tion, to  whomsoever  payable,  during  the  hours  when  the 
public  schools  are  in  session  or  shall  be  employed  at  work 
before  half  past  six  o'clock  in  the  morning  or.  after  six 
o'clock  in  the  evening. 

PROVISIONS      RELATING      TO      EMPLOYMENT      OF      CHILDREN 
BETWEEN   FOURTEEN   AND   SIXTEEN   YEARS   OF   AGE. 

SECTION  57.  (As  amended  by  section  15  of  chapter  779, 
Acts  of  1913.)  No  child  between  fourteen  and  sixteen 
years  of  age  shall  be  employed  or  be  permitted  to  work  teen. 
in,  about  or  in  connection  with  any  factory,  workshop, 
manufacturing,  mechanical  or  mercantile  establishment 
unless  the  person,  firm  or  corporation  employing  such 
child  procures  and  keeps  on  file  accessible  to  the  attend- 
ance officers  of  the  city  or  town,  to  agents  of  the  board  of 
education,  and  to  the  state  board  of  labor  and  industries 
or  its  authorized  agents  or  inspectors,  the  employment 
certificate  as  hereinafter  provided  issued  to  such  child,  and 
keeps  a  complete  list  of  the  names  and  ages  of  all  such 
children  employed  therein  conspicuously  posted  near  the 
principal  entrance  of  the  building  in  which  such  children 
are  employed:  provided,  however,  that  children  who  are  Proviso. 
over  fourteen  but  under  sixteen  years  of  age  shall  be  per- 
mitted to  work  in  mercantile  establishments  on  Saturdays 
between  the  hours  of  seven  in  the  morning  and  six  in  the 
evening,  without  such  certificate.  On  termination  of  the 
employment  of  a  child  whose  employment  certificate  is  on 
file,  said  certificate  shall  be  returned  by  the  employer 
within  two  days  after  said  termination  to  the  office  of  the 
superintendent  of  schools  from  which  it  was  issued. 

EMPLOYMENT   CERTIFICATE;     CERTAIN   PAPERS   TO    BE    FILED 
BEFORE   EMPLOYMENT   CERTIFICATE   IS   ISSUED. 

SECTION  58.     (As  amended  by  section  3  of  chapter  257,  Employment 
Acts  of  1910,  chapter  269,  Acts  of  1911,  and  section  16  of  i*n»,«te. 
chapter   779,   Acts  of  1913.)     An   employment   certificate 
shall  be  issued  only  by  the  superintendent  of  schools  or 
by  a  person  authorized  by  him  in  writing,  or,  where  there 
is  no  superintendent  of  schools,  by  a  person  authorized  in 
writing  by  the  school  committee,  of  the  city  or  town  where 


58 


PUBLIC  INSTRUCTION.        [Chap.  514. 


Proviso. 


the  child  to  whom  it  is  issued  resides  during  his  employ- 
ment, or  in  case  the  child  resides  outside  the  common- 
wealth, of  the  city  or  town  in  which  the  child  is  to  be 
employed:  provided,  that  no  member  of  a  school  com- 
mittee or  other  person  authorized  as  aforesaid  shall  have 
authority  to  issue  such  certificate  for  any  child  then  in, 
or  about  to  enter,  such  person's  own  employment  or  the 
employment  of  a  firm  or  corporation  of  which  he  is  a 
member,  officer  or  employee. 

^e  Person  issuing  employment  certificates  shall  in  each 
fore  Certificate    case,  before  issuing  a  certificate,  receive,  examine,  approve 
and  file  the  following  papers,  duly  executed:  — 

(1)  A  pledge  or  promise  signed  by  the  employer  or  by 
an  authorized  manager  or  superintendent,  setting  forth  the 
character  of  the  employment,  the  number  of  hours  per 
day  during  which  the  child  is  to  be  regularly  employed 
and  the   name   and   address   of  the   employer,   in  which 
pledge  or  promise  the  employer  agrees  to  employ  the  child 
in  accordance  with  the  provisions  of  this  act,  and  to  return 
the  employment  certificate  as  provided  in  section  fifty-seven. 

(2)  The  school  record  of  such  child,  properly  filled  out 
and  signed  as  hereinafter  provided. 

(3)  A  certificate  signed  by  a  school  or  family  physician, 
or  by  a  physician  appointed  by  the  school  committee, 
stating  that  the  child  has  been  thoroughly  examined  by 
said  physician  and,  in  his  opinion,  is  in  sufficiently  sound 
health  and  physically  able  to  perform  the  work  which  the 
child  intends  to  do. 

(4)  Evidence  of  age  showing  that  the  child  is  fourteen 
years  of  age,  which  shall  consist  of  one  of  the  following 
proofs  of  age: 

(a)  A  birth  certificate,  or  a  duly  attested  transcript 
thereof,  made  by  a  registrar  of  vital  statistics  or  other 
officer  charged  with  the  duty  of  recording  births. 

(6)  A  baptismal  certificate,  or  a  duly  attested  transcript 
thereof,  showing  the  age  and  date  of  baptism  of  the  child. 

(c)  In  case  none  of  the  aforesaid  proofs  of  age  is  ob- 
tainable, and  only  in  such  case,  the  person  issuing  em- 
ployment certificates  may  accept  in  lieu  thereof  a  passport 
or  a  duly  attested  immigration  record,  or  transcript 
thereof,  showing  the  age  of  the  child,  or  other  official  or 
Proviso.  religious  record  of  the  child's  age:  provided,  that  it  shall 

appear  to  the  satisfaction  of  said  person  that  the  same  is 
good  and  sufficient  evidence  of  the  child's  age. 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  59 

(d)  In  case  none  of  the  aforesaid  proofs  of  age  is  ob- 
tainable, and  only  in  such  case,  the  person  issuing  employ- 
ment certificates  may  accept  in  lieu  thereof  a  record  of 
age  as  given  on  the  register  of  the  school  which  the  child 

first  attended  in  the  commonwealth:    provided,  that  such  Proviso, 
record  was  kept  for  at  least  two  years  during  the  time 
when  such  child  attended  school. 

(e)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtain- 
able, and  only  in  such  case,  the  person  issuing  employ- 
ment certificates  may  receive  the  signed  statement  of  the 
school  physician,   or  of  the  physician  appointed  by  the 
school  committee,  stating  that,  after  examination,  it  is  the 
opinion  of  such  physician  that  the  child  is  at  least  four- 
teen years  of  age.     Such  physician's  statement  shall  be 
accompanied  by  a  statement  signed  by  the  child's  parent, 
guardian  or  custodian,  or  in  case  such  child  has  no  parent, 
guardian  or  custodian,  the  signed  statement  of  the  next 
adult  friend.     Such   signed   statement   shall   contain   the 
name,  date  and  place  of  birth  and  residence  of  the  child, 
and  shall  certify  that  the  parent,  guardian,  custodian  or 
next  friend  signing  the  statement  is  unable  to  produce 
any  of  the  proofs  of  age  specified  in  this  section.     Such 
statement  shall  be  signed  in  the  presence  of  the  person 
issuing  employment  certificates  by  the  parent,  guardian, 
custodian,   or  next  friend.     The  person  issuing  employ- 
ment certificates  may,  before  issuing  a  certificate,  require 
the  parent,  guardian,  custodian,  or  next  adult  friend  of  the 
child  to  appear  and  approve  in  writing  the  issuance  of 
said  certificate. 

CHARGING  OF  FEES  FOR  CERTIFICATES  RELATING  TO  MINORS 

PROHIBITED. 

Chapter  316,  Acts  of  1914,  provides  as  follows:  — 
It  shall  be  unlawful  for  any  city  or  town  clerk  or  other  official 
to  charge  any  fee  for  a  certificate  relating  to  the  age  or  place  of 
birth  of  any  minor  or  to  any  other  fact  sought  to  be  established 
in  relation  to  school  attendance,  but  such  certificates  shall  be  issued, 
upon  request,  by  any  city  or  town  clerk. 

SCHOOL  RECORDS. 

SECTION  59.     (As  amended  by  section  17  of  chapter  779,  School  Records. 
Acts  of  1918,  and  chapter  580,  Acts  of  1914.)     The  school 
record  required  by  section  sixteen1  of  this  act  shall  be 

1  See  section  58,  chapter  514,  Acts  of  1909,  as  amended,  page  57  of  this  pamphlet. 


60 


PUBLIC  INSTRUCTION.        [Chap.  514. 


filled  out  and  signed  by  the  principal  or  teacher  in  charge 
of  the  school  which  the  child  last  attended  and  shall  be 
furnished  only  to  a  child  who,  after  due  examination  and 
investigation,  is  found  to  be  entitled  thereto.  Said 
school  record  shall  state  the  grade  last  completed  by  such 
child  and  the  studies  pursued  in  completion  thereof.  It 
shall  state  the  number  of  weeks  during  which  such  child 
has  attended  school  during  the  twelve  months  next  pre- 
ceding the  time  of  application  for  said  school  record.  It 
shall  also  give  the  name,  date  of  birth,  and  the  residence 
of  the  child  as  shown  on  the  records  of  the  school  and  the 
name  of  the  parent,  guardian  or  custodian.  In  case  it  is 
found  to  be  impossible  to  obtain  said  school  record  from 
the  principal  or  teacher  in  charge  of  the  school  which 
such  child  last  attended,  the  requirement  of  a  school  record 
may  be  waived. 

No  such  school  record  shall  be  issued  or  accepted,  and 
no  employment  certificate  shall  be  granted  unless  the  child 
possesses  the  educational  qualifications  enumerated  in 
section  one  of  chapter  forty-four  of  the  Revised  Laws  as 
amended  by  section  one  of  this  act. 1 

No  such  school  record  shall  be  issued  or  accepted  unless 
the  child  has  regularly  attended  the  public  schools  or  other 
lawfully  approved  schools  for  not  less  than  one  hundred 
and  thirty  days  after  becoming  thirteen  years  of  age: 
provided,  however,  that  the  school  record  may  be  accepted 
in  the  case  of  a  person  who  has  been  an  attendant  at  a 
public  day  school  or  other  lawfully  approved  school  for  a 
period  of  not  less  than  seven  years,  if  in  the  opinion  of 
said  superintendent  such  person  is  mentally  incapable  of 
acquiring  the  educational  qualifications  herein  prescribed; 
and  provided,  further,  that  the  superintendent  of  schools 
shall  have  authority  to  suspend  this  requirement  in  any 
case  when,  in  his  opinion,  the  interests  of  the  child  will 
best  be  served  by  such  suspension. 

SECTION  60.  (As  amended  by  section  4  °f  chapter  257, 
contain  certain  Acts  of  1910,  and  section  18  of  chapter  779,  Acts  of  1913.) 

information,  '  '      .       \  '  I'M 

The  employment  certificate  required  by  this  act  shall  state 
the  name,  sex,  date  and  place  of  birth  and  the  place  of 
residence  of  the  child  and  describe  the  color  of  the  hair 
and  eyes  and  any  distinguishing  facial  marks  of  the  child. 
It  shall  certify  that  the  child  named  in  such  certificate 


Provisos. 


Employment 
certificate  to 


etc. 


1  See  section  1,  chapter  44,  Revised  Laws,  as  amended,  page  40  of  this  pamphlet. 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  61 

has  personally  appeared  before  the  person  issuing  the 
certificate  and  has  been  examined  and  found  to  possess 
the  educational  qualifications  enumerated  in  section  one l 
of  chapter  forty-four  of  the  Revised  Laws,  as  amended 
[by  section  one  of  this  act],  and  that  alt  the  papers  required 
by  section  fifty-eight  have  been  duly  examined,  approved 
and  filed  and  that  all  the  conditions  and  requirements  for 
issuing  an  employment  certificate  have  been  fulfilled.  It 
shall  state  the  grade  last  completed  by  said  child.  Every 
such  certificate  shall  be  signed  in  the  presence  of  the 
person  issuing  the  same  by  the  child  in  whose  name  it  is 
issued.  It  shall  state  the  name  of  the  employer  for  whom, 
and  the  nature  of  the  employment  in  which,  the  certificate 
authorizes  the  child  to  be  employed.  It  shall  bear  a  num- 
ber, show  the  date  of  its  issue  and  shall  be  signed  by  the 
person  issuing  it.  No  fee  shall  be  exacted  for  an  employ- 
ment certificate  or  for  any  of  the  papers  required  by  this 
act.  Duplicate  employment  certificates  shall  not  be  issued 
until  it  shall  appear  to  the  satisfaction  of  the  person  au- 
thorized to  issue  certificates  that  the  original  certificate 
has  been  lost.  A  record  giving  all  the  facts  contained  on  Certain  records 
every  employment  certificate  issued  shall  be  filed  in  the 
office  issuing  the  same,  together  with  the  papers  required 
by  section  fifty-eight  as  amended.  A  record  shall  also  be 
kept  of  the  names  and  addresses  of  all  children  to  whom 
certificates  have  been  refused,  together  with  the  names  of 
the  schools  which  said  children  should  attend  and  the 
reasons  for  refusal.  All  the  aforesaid  records  and  papers 
shall  be  preserved  until  such  children,  if  living,  shall  have 
become  sixteen  years  of  age.  Such  records  and  statistics 
concerning  the  issuance  of  employment  certificates  as  may 
be  prescribed  by  the  board  of  education  shall  be  kept  and 
shall  be  open  to  the  inspection  of  said  board,  its  officers 
or  agents.  The  blank  certificates  and  other  papers  re-  Blank  certifl- 
quired  in  connection  with  the  issuing  of  employment  cer-  SSshed'by  bc 
tificates  and  educational  certificates  under  this  act  shall  KSSSdfn? 
be  designed  by  and  furnished  to  the  local  school  com-  du3tries. etc- 
mittees  by  the  state  board  of  labor  and  industries  after 
conference  with  the  board  of  education,  and  the  approval 
of  the  forms  thereof  by  the  attorney-general.  Said  cer- 
tificates and  papers  may  bear  such  further  and  explana- 
tory matter  as  may  be  needed  to  facilitate  the  enforce- 

1  See  section  1,  chapter  44,  Revised  Laws,  as  amended,  page  40  of  this  pamphlet. 


62 


PUBLIC  INSTRUCTION.        [Chap.  514. 


Penalties  for 
violation  of 
law  as  to  em- 
ployment of 
children,  etc. 


Attendance 
officers  may 
visit  factories, 
workshops,  etc. 


Duties  of 
inspectors. 


ment  of  this  act  or  to  comply  with  future  legislative 
requirements. 

SECTION  61.  (.4s  amended  by  chapter  249,  Acts  of  1910, 
and  section  19  of  chapter  779,  Acts  of  1913.)  Whoever 
employs  a  person  under  the  age  of  sixteen  years,  and  who- 
ever procures  or,  having  under  his  control  a  person  under 
sixteen  years  of  age,  permits  such  person  to  be  employed 
in  violation  of  the  provisions  of  sections  fifty-six  or 
fifty-seven  of  this  act,  shall  for  each  offence  be  punished 
by  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  for  not  more  than  thirty 
days;  and  whoever  continues  to  employ  a  person  under 
sixteen  years  of  age  in  violation  of  the  provisions  of  either 
of  said  sections,  after  being  notified  thereof  by  a  school 
attendance  officer  or  by  an  inspector  appointed  by  the 
state  board  of  labor  and  industries,  shall  for  every  day 
thereafter  while  such  employment  continues  be  punished 
by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred 
dollars,  or  by  imprisonment  for  not  more  than  sixty  days; 
and  whoever  forges,  or  procures  to  be  forged,  or  assists 
in  forging  a  certificate  of  birth  or  other  evidence  of  the 
age  of  such  person,  and  whoever  presents  or  assists  in 
presenting  a  forged  certificate  or  evidence  of  birth  to  the 
superintendent  of  schools  or  to  a  person  authorized  by  law 
to  issue  certificates,  for  the  purpose  of  fraudulently  ob- 
taining the  employment  certificate  required  by  this  act, 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. Whoever,  being  authorized  to  sign  an  employment 
certificate,  knowingly  certifies  to  any  materially  false 
statement  therein  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  two  hundred  dollars. 

SECTION  62.  (As  amended  by  section  20  of  chapter  77  9 1 
Acts  of  1913.)  Attendance  officers  may  visit  the  factories, 
workshops,  manufacturing,  mechanical  and  mercantile 
establishments,  theatres,  and  places  of  public  exhibition 
in  their  several  cities  and  towns  and  ascertain  whether 
any  children  are  employed  therein  contrary  to  the  provi- 
sions of  this  act  and  shall  report  in  writing  any  cases  of 
such  illegal  employment  to  the  superintendent  of  schools 
or  the  school  committee  and  to  the  state  board  of  labor 
and  industries  or  its  authorized  officers  or  agents.  In- 
spectors appointed  by  the  state  board  of  labor  and  indus- 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  63 

tries  shall  visit  all  factories,  workshops,  manufacturing, 
mechanical  and  mercantile  establishments  within  their 
respective  districts,  and  ascertain  whether  any  children 
are  employed  therein  contrary  to  the  provisions  of  this 
act,  and  shall  enter  complaint  against  whomever  is  found 
to  have  violated  any  of  said  provisions.  An  inspector  Penalty, 
who  knowingly  or  wilfully  violates  any  provision  of  this 
section  may  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars. 

SECTION  63.     (As  amended  by  section  21  of  chapter  779,  4ndfncey  officer 
Acts  of  1913.}    An  attendance  officer  shall  apprehend  and  o^h 
take  to  school,  without  a  warrant,  any  child  under  the  age  ployed, 
of  twenty-one  years  who  is  employed  in  any  factory,  work- 
shop, manufacturing,  mechanical  or  mercantile  establish- 
ment in  violation  of  the  provisions  of  this  act,  or  who  is 
employed  in  any  theatre  or  place  of  public  exhibition  con- 
trary to  the  provisions  of  this  act,  and  such  attendance 
officer   shall   forthwith   report   to   the   police,    district   or 
municipal    court    or   trial    justice    within    whose    judicial 
district  the  illegal  employment  occurs,  the  evidence  in  his 
possession  relating  to  the  illegal  employment  of  any  child 
so  apprehended,  and  shall  make  complaint  against  whom- 
ever the  court  or  trial  justice  may  direct.    An  attendance  Penalty, 
officer  who  knowingly  and  wilfully  violates  any  provision 
of  this  section  may  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars  for  each  offence. 

SECTION  64.  (As  amended  by  section  22  of  chapter  779 
of  the  Acts  of  1913.)  Inspectors  appointed  by  the  state 
board  of  labor  and  industries,  agents  of  the  board  of  inspection. 
education  and  attendance  officers  may  require  that  the 
employment  or  educational  certificates  and  lists  of  chil- 
dren who  are  employed  in  factories,  workshops,  manu- 
facturing, mechanical  or  mercantile  establishments  shall 
be  produced  for  their  inspection.  A  failure  to  produce  to  Effect  of  refusal. 
any  person  authorized  by  this  section  who  requests  the 
same  an  employment  or  educational  certificate  or  list 
required  by  law  shall  be  prima  facie  evidence  of  the  illegal 
employment  of  any  person  whose  certificate  is  not  pro- 
duced or  whose  name  is  not  so  listed.  A  corporation  or  Penalty, 
other  employer,  or  any  agent  or  officer  thereof,  who  retains 
an  employment  or  educational  certificate  in  violation  of 
the  provisions  of  this  act  shall  be  punished  by  a  fine  of 
not  less  than  ten  nor  more  than  one  hundred  dollars. 


64 


PUBLIC  INSTRUCTION.        [Chap.  514. 


courts!011™  °f  SECTION  65.  Police,  district  and  municipal  courts  and 
1906, 499,  §  5.  trial  justices  shall  have  jurisdiction  of  offences  arising 
under  the  provisions  of  the  four  preceding  sections.  A 
summons  or  warrant  issued  by  any  such  court  or  justice 
may  be  served,  at  the  discretion  of  the  court  or  magistrate, 
by  an  inspector  of  factories  and  public  buildings,  or  by  a 
truant  officer,  or  by  any  officer  qualified  to  serve  criminal 
process. 


Employment 
of  minors  over 
sixteen  and 
under  twenty- 
one  years  of 
age. 


Educational 
certificates, 
issue,  etc. 
Proof  of  age 
required,  etc. 


Illiterate  minors 
not  to  be  em- 
ployed unless 
attending  even- 
ing school,  etc. 


EMPLOYMENT   OF  MINORS   BETWEEN   SIXTEEN   AND   TWENTY- 
ONE  YEARS  OF  AGE;    EVENING  SCHOOL  ATTENDANCE 

REQUIRED. 

SECTION  66.  (As  amended  by  section  23  of  chapter  779, 
Acts  of  1913.)  No  child  who  is  over  sixteen  and  under 
twenty-one  years  of  age  shall  be  employed  in  a  factory, 
workshop,  manufacturing,  mechanical  or  mercantile  estab- 
lishment unless  his  employer  procures  and  keeps  on  file  an 
educational  certificate  showing  the  age  of  the  child  and 
his  ability  or  inability  to  read  and  write  as  hereinafter 
provided.  Such  certificates  shall  be  issued  by  the  person 
authorized  by  this  act  to  issue  employment  certificates. 

The  person  authorized  to  issue  such  educational  cer- 
tificates shall,  so  far  as  is  practicable,  require  the  proof  of 
age  stated  in  section  fifty-eight.  He  shall  examine  the 
child  and  certify  whether  or  not  he  possesses  the  educa- 
tional qualifications  enumerated  in  section  one  of  chapter 
forty-four  of  the  Revised  Laws,  as  amended.  Every  such 
certificate  shall  be  signed  in  the  presence  of  the  person 
issuing  the  same  by  the  child  in  whose  name  it  is  issued. 

Every  employer  of  such  children  shall  keep  their  educa- 
tional certificates  accessible  to  any  officer  authorized  to 
enforce  the  provisions  of  this  act  and  shall  return  said 
certificates  to  the  office  from  which  they  were  issued 
within  two  days  after  the  date  of  the  termination  of  the 
employment  of  said  children.  If  the  educational  certifi- 
cate of  any  child  who  is  over  sixteen  and  under  twenty- 
one  years  of  age  fails  to  show  that  said  child  possesses 
the  educational  qualifications  enumerated  in  section  one 
of  chapter  forty-four  of  the  Revised  Laws,  as  amended, 
then  no  person  shall  employ  such  child  while  a  public 
evening  school  is  maintained  in  the  city  or  town  in  which 
the  child  resides,  unless  such  child  is  a  regular  attendant 
at  such  evening  school  or  at  a  day  school,  and  presents  to 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  65 

his  employer  each  week  a  school  record  of  such  attendance. 
When  such  record  shows  unexcused  absences,  such  at- 
tendance shall  be  deemed  to  be  irregular  and  insufficient. 
The  person  authorized  to  issue  educational  certificates,  or 
teachers  acting  under  his  authority,  may,  however,  excuse 
justifiable  absence.  Whoever  employs  a  child  in  violation  Penalties. 
of  the  provisions  of  this  section  shall  forfeit  not  more  than 
one  hundred  dollars  for  each  offence,  to  the  use  of  the 
evening  schools  of  such  city  or  town.  A  parent,  guardian 
or  custodian  who  permits  a  child  to  be  employed  in  viola- 
tion of  the  provisions  of  this  section  shall  forfeit  not  more 
than  twenty  dollars,  to  the  use  of  the  evening  schools  of 
such  city  or  town. 

ATTENDANCE   OF   ILLITERATE   MINORS   BETWEEN   THE   AGES   OF 
SIXTEEN  AND  TWENTY-ONE  YEARS  IN  A  PUBLIC  EVENING  SCHOOL. 

Chapter  467,  Acts  of  1913,  provides  as  follows:  — 

SECTION  1.    Every  illiterate  minor  between  sixteen  and  twenty-  Attendance  of 
one  years  of  age  shall  attend  some  public  evening  school  in  the  city 
or  town  in  which  he  resides  for  the  whole  time  during  which  the  ing  school, 
public  evening  schools  are  in  session:  provided,  that  such  city  or 
town  maintains  a  public  evening  school.    Attendance  at  a  public 
day  school,  or  at  a  private  school  approved  for  the  purpose  by  the 
school  committee,  shall  exempt  such  minor  from  attending  a  public 
evening  school.    This  act  shall  not  affect  any  existing  laws  regard-        - 
ing  the  compulsory  school  attendance  of  illiterate  minors  or  their  e> 
employment,  but  shall  be  in  addition  to  such  laws. 

SECTION  2.    An  illiterate  minor  who  wilfully  violates  any  provision  Penalty  upon 
of  this  act  shall  be  punished  by  a  fine  of  not  less  than  five  dollars.     mmor- 

SECTION  3.    Every  person  having  under  his  control  an  illiterate  Penalty  upon 
minor  between  sixteen  and  twenty-one  years  of  age  shall  cause 

i  *        j_         j  j        i  11*  •  ill          i  •  •« 

mm  to  attend  a  public  evening  school  as  hereby  required;  and  if 
such  person  fails  for  six  sessions  within  a  period  of  one  month  to 
cause  the  minor  so  to  attend  school,  unless  the  minor's  physical  or 
mental  condition  is  such  as  to  render  his  attendance  at  school 
harmful  or  impracticable,  such  person  shall,  upon  complaint  by 
a  truant  officer  and  conviction  thereof,  be  punished  by  a  fine  of 
not  more  than  twenty  dollars. 

SECTION  4.     Whoever    induces    or    attempts    to    induce    such  Penalty  for 
minor  to  absent  himself  unlawfully  from  school,  or  employs  such  emp^ing 
a  minor  except  as  is  provided  by  law,  or  harbors  such  a  minor  who,  minor,  etc. 
while  school  is  in  session,  is  absent  unlawfully  therefrom,  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars. 


PUBLIC    EXHIBITION   OF   CHILDREN. 

SECTION  76.     No  person  shall  employ,  exhibit  or   sell,  Exhibition  of 

,  •  •  1*11  »         nn  children  pro- 

apprentice  or  give  away,  a  child  under  fifteen  years  of  age  Mbited. 
for  the  purpose  of  employing  or  exhibiting  him  in  dancing  R 


66  PUBLIC  INSTRUCTION.        [Chap.  514. 

on  the  stage,  playing  on  musical  instruments,  singing, 
walking  on  a  wire  or  rope,  or  riding  or  performing  as  a 
gymnast,  contortionist  or  acrobat  in  a  circus,  theatrical 
exhibition  or  in  any  public  place,  or  cause,  procure  or  en- 
courage such  child  to  engage  therein;  but  the  provisions  of 
this  section  shall  not  prevent  the  education  of  children  in 
vocal  and  instrumental  music  or  dancing  or  their  employ- 
ment as  musicians  in  a  church,  chapel,  school  or  school 
exhibition,  or  prevent  their  taking  part  in  any  festival, 
concert  or  musical  exhibition  upon  the  special  written  per- 
mission of  the  mayor  and  aldermen  of  a  city  or  of  the 
selectmen  of  a  town.  Whoever  violates  the  provisions  of 
this  section  shall  be  punished  by  a  fine  of  not  more  than 
two  hundred  dollars  or  by  imprisonment  for  not  more 
than  six  months. 

rLeSeSfor°  **  SECTION  77.  A  license  shall  not  be  granted  for  a  theat- 
whencsh°ws'  rical  exhibition  or  public  show  in  which  children  under 
R.  L.  ice,  §  46.  fifteen  years  of  age  are  employed  as  acrobats  or  contortion- 
ists or  in  any  feats  of  gymnastics  or  equestrianism,  or  in 
which  such  children  who  belong  to  the  public  schools  are 
employed  or  allowed  to  take  part  as  performers  on  the 
stage  in  any  capacity,  or  if,  in  the  opinion  of  the  board 
authorized  to  grant  licenses,  such  children  are  employed 
in  such  a  manner  as  to  corrupt  their  morals  or  impair  their 
health;  but  the  provisions  of  this  section  shall  not  prevent 
the  granting  of  special  permission  authorized  by  the  pre- 
ceding section. 


CHAPTER  831,  ACTS  OF  1913. 

In  addition  to  amending  (by  section  1)  section  56  of  chapter  514 
(as  amended),  Acts  of  1909,  this  chapter  further  provides  as  fol- 
lows: — 

MINORS  UNDER   SIXTEEN. 

which  enTk)"1  SECTION  2.  No  minor  under  sixteen  years  of  age  shall  be  em- 
ment  of 'nunore  ployed  05  permitted  to  work  in  operating  or  assisting  in  operating 
fOTb?ddenteen  "  an^  °^  ^ne  f°U°wing  machines:  (1)  circular  or  band  saws,  (2)  wood 
shapers,  (3)  wood  jointers,  (4)  planers,  (5)  picker  machines  or 
machines  used  in  picking  wool,  cotton,  hair  or  any  other  material, 
(6)  paperlace  machines,  (7)  leather  burnishing  machines,  (8)  job 
or  cylinder  printing  presses  operated  by  power  other  than  foot 
power,  (9)  stamping  machines  used  in  sheet  metal  and  tinware  or 
in  paper  or  leather  manufacturing  or  in  washer  and  nut  factories, 
(10)  metal  or  paper  cutting  machines,  (11)  corner  staying  machines 
in  paper  box  factories,  (12)  corrugating  rolls  such  as  are  used  in 
corrugated  paper  or  in  roofing,  or  washboard  factories,  (13)  steam 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  67 

boilers,  (14)  dough  brakes  or  cracker  machinery  of  any  description, 
(L5)  wire  or  iron  straightening  or  drawing  machinery,  (16)  rolling 
mill  machinery,  (17)  power  punches  or  shears,  18)  washing  or 
grinding  or  mixing  machinery,  (19)  calender  rolls  in  paper  and 
rubber  manufacturing  or  other  heavy  rolls  driven  by  power,  (20) 
laundering  machinery,  (21)  upon  or  in  connection  with  any  dangerous 
electrical  machinery  or  appliances. 

SECTION  3.  No  minor  under  sixteen  years  of  age  shall  be  em-  Same  subject, 
ployed  or  permitted  to  work  in  any  capacity  in  adjusting,  or  assist- 
ing in  adjusting  any  hazardous  belt  to  any  machinery,  or  in  oiling 
or  cleaning  hazardous  machinery,  or  in  proximity  to  any  hazardous 
or  unguarded  belts,  machinery  or  gearing  while  such  machinery 
or  gearing  is  in  motion;  nor  on  scaffolding;  nor  in  heavy  work  in 
the  building  trades;  nor  in  stripping,  assorting,  manufacturing  or 
packing  tobacco;  nor  in  any  tunnel;  nor  in  a  public  bowling  alley; 
nor  in  a  pool  or  billiard  room. 

SECTION  4.  The  state  board  of  labor  and  industries  may  from  Duties  of  state 
time  to  time,  after  a  hearing  or  hearings  duly  held,  determine 
whether  or  not  any  particular  trade,  process  of  manufacture  or 
occupation  in  which  the  employment  of  minors  under  the  age  of 
sixteen  years  is  not  already  forbidden  by  law,  or  any  particular 
method  of  carrying  on  such  trade,  process  of  manufacture  or  occu- 

Eation,  is  sufficiently  dangerous  or  is  sufficiently  injurious  to  the 
ealth  or  morals  of  minors  under  sixteen  years  of  age  to  justify 
their  exclusion  therefrom.  No  minor  under  sixteen  years  of  age 
shall  be  employed  or  permitted  to  work  in  any  trade,  process  or 
occupation  thus  determined  to  be  dangerous  or  injurious  to  such 
minors. 

MINORS   UNDER   EIGHTEEN. 

SECTION  5.     No  minor  under  eighteen  years  of  age  shall  be  em-  Occupations  in 
ployed  or  permitted  to  work:  (1)  in  or  about  blast  furnaces;  (2)  payment  of™" 
in  the  operation  or  management  of  hoisting  machines ;  (3)  in  oiling  minors  under 
or  cleaning  hazardous  machinery  in  motion;  (4)  in  the  operation  SSufeJ!1" 
or  use  of  any  polishing  or  buffing  wheel;  (5)  at  switch  tending; 
(6)   at  gate  tending;  (7)  at  track  repairing;  (8)   as  a  brakeman, 
fireman,  engineer,  motorman  or  conductor  upon  a  railroad  or  rail- 
way; (9)  as  a  fireman  or  engineer  upon  any  boat  or  vessel;  (10)  in 
operating  motor  vehicles   of  any  description;  (11)    in   or  about 
establishments  wherein  gunpowder,   nitro-glycerine,  dynamite  or 
other  high  or  dangerous  explosive  is  manufactured  or  compounded; 
(12)  in  the  manufacture  of  white  or  yellow  phosphorus  or  phosphorus 
matches;  (13)  in  any  distillery,  brewery,  or  any  other  establishment 
where  malt  or  alcoholic  liquors  are  manufactured,  packed,  wrapped 
or  bottled;  (14)  in  that  part  of  any  hotel,  theatre,  concert  hall, 
place   of  amusement  or  other  establishment  where  intoxicating 
liquors  are  sold.    The  provisions  of  this  section  shall  not  prohibit  Not  to  prohibit 
the  employment  of  minors  in  drug  stores.  dw£S? in 

SECTION  6.    The  state  board  of  labor  and  industries  may  from  Duties  of  state 
time  to  time,  after  a  hearing  or  hearings  duly  held,  determine  board  of  labor 
whether  or  not  any  particular  trade,  process  of  manufacture  or        industries, 
occupation,  in  which  the  employment  of  minors  under  the  age  of 
eighteen  years  is  not  already  forbidden  by  law,  or  any  particular 
method  of  carrying  on  such  trade,  process  of  manufacture  or  occu- 


68 


PUBLIC  INSTRUCTION.        [Chap.  514. 


sixen 


pation,  is  sufficiently  dangerous  or  is  sufficiently  injurious  to  the 
health  or  morals  of  minors  under  eighteen  years  of  age  to  justify 
their  exclusion  therefrom.  No  minor  under  eighteen  years  of  age 
shall  be  employed  or  permitted  to  work  in  any  trade,  process  or 
occupation  thus  determined  to  be  dangerous  or  injurious  to  such 
minors. 

PERSONS   UNDER   TWENTY-ONE. 

SECTION  7.  No  person  under  twenty-one  years  of  age  shall  be 
twenty-one.  employed  or  permitted  to  work  in,  about  or  in  connection  with 
any  saloon  or  bar  room  where  alcoholic  liquors  are  sold.  No  such 
person  in  any  employment  shall  knowingly  be  taken,  sent  or  caused 
or  permitted  to  be  sent,  to  any  disorderly  house  or  house  of  prosti- 
tution or  assignation  or  other  immoral  place  of  resort  or  amusement. 
SECTION  8.  No  minor  under  sixteen  years  of  age  shall  be  em- 
ployed  or  permitted  to  work  in,  about  or  in  connection  with  any 
establishment  or  occupation  named  in  section  one  for  more  than 
six  days  in  any  one  week,  nor  more  than  forty-eight  hours  in  any 
one  week,  nor  more  than  eight  hours  in  any  one  day,  nor  before  the 
hour  of  half-past  six  o'clock  in  the  morning,  nor  after  the  hour  of 
six  o'clock  in  the  evening  of  any  day. 

SECTION  9.  No  boy  under  the  age  of  eighteen  years  and  no 
girl  under  the  age  of  twenty-one  years  shall  be  employed  or  permitted 
to  work  in,  about  or  in  connection  with  any  establishment  or  occu- 
pation named  in  section  one  for  more  than  six  days  in  any  one 
week,  nor  more  than  fifty-four  hours  in  any  one  week,  nor  more 
than  ten  hours  in  any  one  day,  nor  before  the  hour  of  five  o'clock 
in  the  morning,  nor  after  the  hour  of  ten  o'clock  in  the  evening, 
nor  in  the  manufacture  of  textile  goods  after  the  hour  of  six  o'clock 
in  the  evening. 

s  SECTION  10.    Except    for    the    delivery    of    messages    directly 

twent-one  connected  with  the  business  of  conducting  or  publishing  a  news- 
messengers,  etc.  paper,  to  a  newspaper  office  or  directly  between  newspaper  offices, 
no  person  under  the  age  of  twenty-one  years  shall  be  employed  or 
permitted  to  work  as  messenger  for  a  telegraph,  telephone  or 
messenger  company  in  the  distribution,  transmission  or  delivery 
of  goods  or  messages  before  five  o'clock  in  the  morning  or  after  ten 
o'clock  in  the  evening  of  any  day. 


—  of  minors  in 
trade?  st 


Requirements 
°' 


STREET   TRADES. 

SECTION  11.  No  boy  under  twelve  years  of  age  and  no  girl  under 
eighteen  years  of  age  shall,  in  any  city  having  a  population  of  over 
fifty  thousand  inhabitants,  sell,  expose  or  offer  for  sale  any  news- 
papers, magazines,  periodicals,  or  any  other  articles  of  merchandise 
of  any  description,  or  exercise  the  trade  of  bootblack  or  scavenger, 
or  any  other  trade,  in  any  street  or  public  place. 
^  SECTION  12.  No  boy  under  sixteen  years  of  age  shall,  in  any 
pty  having  a  population  of  over  fifty  thousand  inhabitants,  engage 
in  any  of  the  trades  or  occupations  mentioned  in  the  preceding 
section,  unless  he  complies  with  all  of  the  provisions  of  this  act  and 
with  all  of  the  legal  requirements  concerning  school  attendance, 
and  unless  a  badge  as  hereinafter  provided  shall  have  been  issued 
to  him  by  the  officer  authorized  to  issue  employment  certificates  in 
the  city  or  town  where  such  boy  resides. 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  69 

SECTION  13.    Such  badge  shall  not  be  issued  until  the  officer  issue  of  badges, 
issuing  the  same  shall  have  received,  examined,  approved  and  filed  et 
evidence  that  such  boy  is  twelve  years  of  age  or  upwards,  which 
shall  consist  of  the  proof  of  age  required  for  the  issuing  of  an  em- 
ployment certificate.     Such  officer  may  refuse  to  issue  such  badge 
to  any  boy  who,  in  his  opinion  after  due  investigation,  is  found  to 
be  physically  or  mentally  incompetent  or  unable  to  do  such  work 
in  addition  to  the  regular  school  attendance  required  by  law. 

SECTION  14.    The  badge  herein  required  shall  be  worn,  con-  Badges  not 
spicuously  exposed  at  all  times,  by  such  boy  while  so  working,  ^c!18 
No  boy  to  whom  the  said  badge  has  been  issued  shall  transfer  the 
same  to  any  other  boy.    He  shall  exhibit  the  same  upon  demand 
at  any  time  to  any  officer  charged  with  the  duty  of  enforcing  the 
provisions  of  this  act  which  relate  to  street  trades.    The  school 
committee  of  any  city  may  make  further  regulations  and  require- 
ments for  the  issuance  of  the  badge  required  by  this  act. 

SECTION  15.     No  boy  under  sixteen  years  of  age  shall  engage  Hours  of 
in  any  of  the  trades  or  occupations  mentioned  in  section  eleven  in  employment, 
any  street  or  public  place  after  nine  o'clock  in  the  evening  or  before 
five  o'clock  in  the  morning  of  any  day,  nor,  unless  provided  with 
an  employment  certificate,  during  the  hours  when  the  public  schools 
in  the  city  where  such  boy  resides,  or  the  schools  which  such  boy 
attends,  are  in  session. 

ENFORCEMENT. 

SECTION  16.     Except  as  provided  in  section  seventeen,  every —to  be  posted, 
person  employing  any  minor  in  any  establishment  mentioned  in  e  Ct 
this  act  shall  post  and  keep  posted  in  a  conspicuous  place  in  the 
room  where  such  minor  is  employed  or  permitted  to  work  a  printed 
notice  stating  the  number  of  hours  such  minor  is  required  or  per- 
mitted to  work  on  each  day  of  the  week,  with  the  total  for  the 
week,  the  hours  of  commencing  and  stopping  work  and  the  hours 
when  the  time  allowed  for  meals  begins  and  ends  for  each  day  of 
the  week. 

The  employment  of  any  minor  at  any  time  other  than  as  stated 
in  said  printed  notice  shall  be  deemed  a  violation  of  the  provisions 
of  this  section.  The  terms  of  such  notice  for  any  week  or  part 
thereof  shall  not  be  changed  after  the  beginning  of  labor  on  the 
first  day  of  the  week,  without  the  written  consent  of  the  com- 
missioner of  labor. 

SECTION  17.    Every  employer  who  employs  any  minor  subject  List  of  minor 
to  the  provisions  of  this  act  and  who  is  engaged  in  furnishing  public  ^ 
service  shall  post  in  a  conspicuous  place  in  every  room  in  which  file,  etc. 
such  persons  are  employed  a  printed  notice  stating  separately  the 
hours  of  employment  for  each  shift  or  tour  of  duty  and  the  time 
allowed  for  meals. 

A  list  by  name  of  minor  employees,  stating  in  which  shift  each  is 
employed,  shall  be  kept  on  file  at  each  place  of  employment  for 
inspection  by  employees  and  officers  charged  with  the  enforcement 
of  the  law. 

The  provisions  of  this  act,  so  far  as  they  relate  to  hours  of  em-  Certain  pro- 
ployment  of  minors  of  eighteen  years  or  over,  shall  not  apply  to  appTy^in  cas'es 
such  employers  in  cases  of  extraordinary  emergency  or  extraordinary  of  extraordinary 
public  requirement,  but  in  such  cases  no  employment  contrary  to  emergency,  etc. 


70 


PUBLIC  INSTRUCTION.        [Chap.  514. 


Printed  forms 
of  laws  to  be 
furnished,  etc. 


Duties  of  in- 
spectors, etc. 


the  provisions  of  this  act  shall  be  considered  as  legalized  until  a 
written  report  of  the  day  and  hour  of  its  occurrence  and  its  duration 
is  sent  to  the  commissioner  of  labor. 

SECTION  18.  The  state  board  of  labor  and  industries,  after 
approval  by  the  attorney-general,  shall  furnish  the  printed  forms 
of  the  laws  and  notices  required  by  this  act,  upon  application,  to 
all  persons  required  to  post  the  same. 

The  inspectors  of  the  state  board  of  labor  and  industries  shall 
visit  and  inspect  the  places  of  employment  mentioned  in  this  act 
and  shall  ascertain  whether  any  minors  are  employed  therein 
contrary  to  the  provisions  of  this  act,  and  shall  prosecute  violations 
thereof.  They  shall  report  to  the  school  authorities  any  cases  of 
children  under  sixteen  years  of  age  discharged  for  illegal  employ- 
ment. Any  person  shall  have  the  right  to  prosecute  violations  of 
this  act. 

Enforcement  of      SECTION  19.     The   provisions    of   this   act   relating   to    minors 
Jet™  engaged  in  the  occupations  mentioned  in  section  eleven  shall  be 

enforced  by  the  truant  officers  and  school  attendance  officers,  who 
are  hereby  vested  with  full  police  power  for  the  purpose,  and  by 
police  officers.  The  school  committee  of  each  city  may  appoint 
or  designate  one  or  more  special  truant  or  attendance  officers  to 
have  supervision  over  minors  engaged  in  such  occupations  and 
over  the  enforcement  of  the  said  provisions. 


Penalties  for 
unlawful  em- 
ployment of 
minors. 


—  for  hindering 
inspectors,  etc. 


Penalty  for 
furnishing 
articles  for  un- 
lawful sale  by 
minors,  etc. 


PENALTIES. 

SECTION  20.  Any  person  who,  whether  by  himself  or  for  others, 
or  through  agents,  servants  or  foremen  employs,  induces  or  permits 
any  minor  to  work  contrary  to  any  of  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  for  a  first 
offence,  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  or  by  imprisonment  for  not  more  than  thirty 
days,  or  by  both  such  fine  and  imprisonment;  and  for  a  second  or 
subsequent  offence,  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars  or  by  imprisonment  for  not  more  than 
sixty  days,  or  by  both  such  fine  and  imprisonment. 

The  employment  of  any  minor  in  violation  of  any  provision  of 
this  act  after  the  person  employing  such  minor  has  been  notified 
thereof  in  writing  by  any  authorized  inspector,  school  attendance 
officer  or  truant  officer,  shall  constitute  a  separate  offence  for  every 
day  during  which  the  employment  continues. 

SECTION  21.  Any  person  who  hinders  or  delays  any  authorized 
inspector,  school  attendance  officer,  or  truant  officer  in  the  perform- 
ance of  his  duties,  or  who  refuses  to  admit  to  or  locks  out  any  such 
inspector  or  officer  from  any  place  which  such  inspector  or  officer  is 
authorized  to  inspect,  or  who  refuses  to  give  to  such  inspector  or 
officer  such  information  as  may  be  required  for  the  proper  enforce- 
ment of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars,  or  by  imprisonment  for  not  more 
than  sixty  days,  or  by  both  such  fine  and  imprisonment. 

SECTION  22.  Any  person  who  furnishes  or  sells  to  any  minor 
any  article  of  any  description  with  the  knowledge  that  the  minor 
intends  to  sell  such  articles  in  violation  of  any  provision  of  this  act, 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  71 

or  after  having  received  written  notice  to  this  effect  from  any  officer 
charged  with  the  enforcement  of  any  provision  of  this  act,  or  any 
person  who  knowingly  procures  or  encourages  any  minor  to  violate 
any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment 
for  not  more  than  sixty  days,  or  by  both  such  fine  and  imprison- 
ment. 

SECTION  23.  Any  parent,  guardian  or  custodian  having  a  minor  Penalties 
under  his  control,  who  compels  or  permits  such  minor  to  work  in 
violation  of  any  provision  of  this  act,  or  who  knowingly  certifies  to 
any  materially  false  statement  for  the  purpose  of  obtaining  the 
illegal  employment  of  such  minor,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  for  the  first  offence  be 
punished  by  a  fine  of  not  less  than  two  dollars  nor  more  than  ten 
dollars,  or  by  imprisonment  for  not  more  than  five  days,  or  by  both 
such  fine  and  imprisonment ;  and  for  a  second  or  subsequent  offence 
he  shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars,  or  by  imprisonment  for  not  more  than  ten 
days,  or  by  both  such  fine  and  imprisonment. 

SECTION  24.    Any  inspector,  school  attendance  officer,  truant  Penalty  upon 
officer,  superintendent  of  schools  or  other  person  authorized  to  issue  C€ 
the  badges  required  by  this  act,  or  any  other  person  charged  with 
the  enforcement  of  any  of  the  provisions  of  this  act,  who  knowingly 
violates  or  fails  to  comply  with  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars  or  by  imprisonment  for  not  more  than  sixty  days, 
or  by  both  such  fine  and  imprisonment. 

SECTION  25.  Any  minor  who  shall  engage  in  any  of  the  trades  — 
or  occupations  mentioned  in  section  eleven  in  violation  of  any 
provision  of  this  act  shall,  for  the  first  offence,  be  warned  by  the 
officers  whose  duty  it  is  to  enforce  the  provisions  of  this  act  relating 
to  street  trades,  and  the  parent,  guardian  or  custodian  shall  be 
notified.  In  case  of  a  second  violation,  such  minor  may  be  arrested 
and  dealt  with  as  a  delinquent  child,  or,  if  over  seventeen  years  of 
age,  shall  be  punished  by  a  fine  not  exceeding  fifteen  dollars  upon 
the  recommendation  of  the  principal  or  chief  executive  officer  of 
the  school  which  such  minor  is  attending,  or  upon  the  complaint 
of  any  school  attendance  officer,  truant  officer,  police  officer  or 
probation  officer,  the  badge  of  any  minor  who  violates  any  provision 
of  this  act,  or  who  becomes  delinquent  or  fails  to  comply  with  all 
legal  requirements  concerning  school  attendance,  may  be  revoked 
by  the  officer  issuing  the  same  for  a  period  of  three  months  and 
the  badge  taken  from  such  minor.  The  refusal  of  any  minor  to 
surrender  such  badge,  or  the  working  at  any  of  the  occupations 
mentioned  in  section  eleven  by  any  minor  after  notice  of  the  rev- 
ocation of  such  badge,  shall  be  deemed  a  violation  of  this  act. 

SECTION  26.     Police,    district   and   municipal   courts   and   trial  P°jjjf  havi 
justices  and  the  Boston  juvenile  court  as  to  minors  under  seventeen  Jun 
years  of  age  shall  have  jurisdiction  of  offences  arising  under  this 
act.     A  summons  or  warrant  issued  by  any  such  court  or  justice 
may  be  served  at  the  direction  of  the  court  or  magistrate  by  an 


72 


PUBLIC  INSTRUCTION.         [Chap.  514. 


Act  con- 
strued. 


Repeal. 


Time  of  taking 
effect. 


inspector  of  the  state  board  of  labor  and  industries  or  by  a  truant 
officer  or  school  attendance  officer,  or  by  any  officer  qualified  to 
serve  criminal  process. 

MISCELLANEOUS. 

SECTION  27.  Nothing  in  this  act  shall  be  construed  to  apply  to 
the  juvenile  reformatories,  other  than  the  Massachusetts  reforma- 
tory, or  to  prevent  minors  of  any  age  from  receiving  manual  training 
or  industrial  education  in  or  in  connection  with  any  school  in  this 
commonwealth  which  has  duly  been  approved  by  the  school  com- 
mittee or  by  the  board  of  education. 

SECTION  28.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

SECTION  29.  This  act  shall  take  effect  on  the  first  day  of  Sep- 
tember, nineteen  hundred  and  thirteen. 


Search  to  be 
made  by  cities 
and  towns  for 
indigent  and 
neglected 
children. 


Temporary  care 
to  be  provided. 


Payment  of 
expenses. 


ADDITIONAL  DUTIES  OP  TRUANT  OFFICERS  RELATIVE  TO  CARE  OF 
INDIGENT  AND  NEGLECTED  CHILDREN. 

Chapter  356,  Acts  of  1904,  provides  as  follows:  — 

SECTION  1.  It  shall  be  the  duty  of  truant  officers1  in  cities  and 
of  the  overseers  of  the  poor  in  towns,  as  often  as  may  be  deemed 
necessary  by  them,  to  make  diligent  search  throughout  their  re- 
spective cities  and  towns  for  chilcLren  under  the  age  of  sixteen  who 
are  suffering  want  through  poverty,  privation  or  from  the  neglect 
of  their  parents  or  guardians,  or  of  any  other  persons  having  them 
in  charge  or  from  any  cause  whatsoever. 

SECTION  2.  Where  such  children  are  found  without  parents  or 
guardians  or  in  charge  of  such  parents  or  guardians  as  in  the  judg- 
ment of  the  officers  or  overseers  aforesaid  are  unfit  to  care  for 
children  by  reason  of  mental  incapacity,  dissolute  habits  or  poverty, 
it  shall  be  the  duty  of  the  officers  and  overseers  aforesaid  to  provide 
for  the  temporary  care  of  such  children  until  proceedings  may  be 
had  against  them  if  necessary,  according  to  the  provisions  of  chapter 
three  hundred  and  thirty-four  of  the  acts  of  the  year  nineteen 
hundred  and  three. 

SECTION  3.  Reasonable  expenses  incurred  by  the  officers  and 
overseers  aforesaid  in  furnishing  aid  as  provided  by  this  act  shall  be 
paid  by  the  city  or  town  wherein  the  persons  have  legal  settlements, 
and,  if  they  are  without  settlement,  by  the  commonwealth,  after 
approval  by  the  state  board  of  charity;  and  notice  in  writing  shall 
be  sent  to  the  place  of  settlement  or,  if  such  persons  are  unsettled, 
to  the  state  board  of  charity  as  is  otherwise  provided  by  law. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage. 


Regulation  k>f 
Bales  by  minors. 
1846,  244,  §  2. 


LICENSING  OF  MINORS,  BY  SCHOOL  COMMITTEES,  TO  ENGAGE  IN 
CERTAIN  OCCUPATIONS  IN  CITIES. 

Section  17,  chapter  65,  Revised  Laws,  as  amended  by  chapter 
531,  Acts  of  1902,  and  chapter  151,  Acts  of  1906,  and  chapter  419, 
Acts  of  1910,  provides  as  follows:  — 

The  mayor  and  aldermen  or  selectmen  may  make  regulations 
relative  to  the  exercise  of  the  trade  of  bootblacking  by  minors  and 


1  See  section  13,  chapter  779,  Acts  of  1913,  page  53  of  this  pamphlet. 


Chap.  514.]    EMPLOYMENT  OF  WOMEN,  ETC.  73 

to  the  sale  by  minors  of  any  goods,  wares  or  merchandise  the  sale  G.  s.  50,  §  14. 
of  which  is  permitted  by  section  fifteen,  and  may  prohibit  such  ifcf'ft/2' 
sales  or  such  trade,  or  may  require  a  minor  to  obtain  from  them  a 
license  therefor  to  be  issued  on  terms  and  conditions  prescribed  in 
such  regulations:  provided,  that  in  the  case  of  persons  under  the 
age  of  fourteen  years  in  the  cities  of  the  commonwealth  the  fore- 
going powers  shall  be  vested  in  and  exercised  by  the  school  com- 
mittees of  said  cities.  A  minor  who  sells  such  articles  or  exercises 
such  trade  without  a  license  if  one  is  required  or  who  violates  the 
conditions  of  his  license  or  any  of  the  provisions  of  said  regulations 
shall  be  punished  by  a  fine  of  not  more  than  ten  dollars  for  each 
offence.  Any  person  who,  having  a  minor  under  his  control, 
knowingly  permits  him  to  violate  the  provisions  of  this  act,  and 
any  person  who  procures  or  employs  a  minor  to  violate  the  pro- 
visions of  this  act,  and  any  person  who  either  for  himself  or  as 
agent  of  any  other  person  or  of  any  corporation  knowingly  furnishes 
or  sells  to  any  minor  any  of  the  articles  above  referred  to  with 
knowledge  that  said  minor  intends  to  sell  said  articles  in  violation 
of  the  provisions  of  this  act,  and  after  having  received  written 
notice  from  the  school  committee  that  the  minor  is  unlicensed,  shall 
be  punished  by  a  fine  of  not  more  than  two  hundred  dollars  or  by 
imprisonment  for  not  more  than  six  months.  Truant1  and  police 
officers  shall  enforce  the  provisions  of  this  chapter. 

ADMISSION  OF  CHILDREN  UNDER  FOURTEEN  YEARS  OF  AGE  TO 
PLACES  OF  AMUSEMENT. 

Section  184,  chapter  102,  Revised  Laws,  as  amended  by  chapter 
107,  Acts  of  1906,  and  chapter  355,  Acts  of  1907,  and  chapter  532, 
Acts  of  1910,  provides  as  follows:  — 

\Vhoever,  himself  or  by  his  servant  or  agent,  admits  a  child  under  Admission  of 
the  age  of  fourteen  years  to  any  licensed  show  or  place  of  amuse-  p^J^*0 
ment  unless  such  child  is  accompanied  by  a  person  above  the  age  of  amusement 
twenty-one  years,  shall,  on  complaint  of  a  parent  or  guardian  of 
the  child  or  of  any  police  officer  or  of  a  truant  officer l  of  the  city  or 
town  in  which  the  child  is  so  admitted,  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars;  but  he  shall  not  be  liable  to 
said  fine  if  a  child  apparently  fourteen  years  of  age  has  obtained 
admission  by  any  written  misrepresentation  or  by  any  unauthorized 
entrance  to  said  place  of  amusement,  or  has  entered  with  and 
apparently  in  the  company  of  a  person  above  the  age  of  twenty- 
one  years  but  does  not  remain  with  such  person,  provided  the 
person  in  charge  of  said  place  of  amusement  shall  remove  such 
child  immediately  from  said  place  of  •amusement  upon  knowledge 
of  the  fact  that  the  child  is  under  fourteen  years  of  age  and  not 
then  accompanied  by  a  person  above  the  age  of  twenty-one  years. 
The  provisions  of  this  section  shall  not  apply  to  shows  or  enter- 
tainments which  take  place  before  six  o'clock  in  the  afternoon  and 
during  the  hours  that  the  school  of  which  the  child  attending  such 
show  or  entertainment  is  a  pupil  is  not  in  session.  It  shall  be  prima 
facie  evidence  that  such  school  is  in  session  if  the  public  schools 
are  in  session  in  the  city  or  town  in  which  said  show  or  entertain- 
ment shall  take  place. 

1  See  section  13,  chapter  779,  Acts  of  1913,  page  53  of  this  pamphlet. 


74 


PUBLIC  INSTRUCTION.        [Chap.  505. 


STATE-AIDED  VOCATIONAL  EDUCATION. 

[Chapter  505,  Acts  of  1906.] 

Sections  1  to  6  repealed  by  chapter  1ft  I,  Acts  of  1911. 

MASSACHUSETTS     AGRICULTURAL     COLLEGE     MAY    ESTABLISH 
NORMAL  DEPARTMENT. 

Massachusetts  SECTION  7.  The  trustees  of  the  Massachusetts  Agri- 
coTiege  may  es-  cultural  College  are  hereby  authorized  to  establish  a  nor- 
mentsshfojegpiying  mal  department  for  the  purpose  of  giving  instruction  in 
.  the  elements  of  agriculture  to  persons  desiring  to  teach 
such  elements  in  the  public  schools,  as  provided  in  sections 
three  and  four:  provided,  that  the  cost  of  such  department 
shall  not  exceed  the  sum  of  five  thousand  dollars  in  any 
one  year,  and  that  at  least  fifteen  candidates  present  them- 
selves for  such  instruction. 


Proviso. 


REPEAL. 

Repeal.  SECTION  8.     Section   ten   of   chapter   forty-two   of   the 

Revised  Laws,  and  all  acts  and  parts  of  acts  inconsistent 
with  this  act,  are  hereby  repealed. 


[Chapter  471,  Acts  of  1911.] 

AN    ACT    TO    CODIFY    AND    AMEND    THE    LAWS    RELATING    TO 
STATE-AIDED   VOCATIONAL   EDUCATION. 

CONSTRUCTION. 

Certain  words        SECTION  1.     The  following  words  and  phrases  as  used 

and  phrases          .  in  i  i  •  ™>  •  •  1*1 

denned.  m  this  act  shall,   unless  a  different   meaning  is  plainly 

required  by  the  context,  have  the  following  meanings:  — 

1.  "Vocational   education"   shall   mean   any   education 
the  controlling  purpose  of  which  is  to  fit  for  profitable 
employment. 

2.  "Industrial    education"    shall    mean    that    form    of 
vocational  education  which  fits  for  the  trades,  crafts  and 
manufacturing  pursuits,  including  the  occupations  of  girls 
and  women,  carried  on  in  workshops. 

3.  "Agricultural  education"   shall   mean  that  form   of 
vocational  education  which  fits  for  the  occupations  con- 
nected with  the  tillage  of  the  soil,  the  care  of  domestic 
animals,  forestry  and    other  wage-earning  or   productive 
work  on  the  farm. 


Chap.  471.]    VOCATIONAL   EDUCATION.  75 

4.  "Household  arts  education"   shall  mean  that  form 
of  vocational  education  which  fits  for  occupations  con- 
nected with  the  household. 

5.  "Independent   industrial,    agricultural    or   household 
arts  school"  shall  mean  an  organization  of  courses,  pupils 
and  teachers,  under  a  distinctive  management,  approved 
by  the  board  of  education,  designed  to  give  either  indus- 
trial, agricultural  or  household  arts  education  as  herein 
defined. 

6.  "Evening    class"    in    an    industrial,    agricultural    or 
household  arts  school  shall  mean  a  class  giving  such  train- 
ing as  can  be  taken  by  persons  already  employed  during 
the  working  day,  and  which,  in  order  to  be  called  voca- 
tional,   must   in    its    instruction    deal   with   the    subject- 
matter  of  the  day  employment,  and  be  so  carried  on  as  to 
relate  to  the  day  employment. 

7.  "Part-time,  or  continuation,  class"  in  an  industrial, 
agricultural  or  household  arts  school  shall  mean  a  voca- 
tional class  for  persons  giving  a  part  of  their  working  time 
to  profitable  employment,  and  receiving  in  the  part-time 
school,  instruction  complementary  to  the  practical  work 
carried  on  in  such  employment.    To  give  "a  part  of  their 
working  time"   such  persons  must  give  a  part  of  each 
day,  week  or  longer  period  to  such  part-time  class  during 
the  period  in  which  it  is  in  session. 

8.  "Independent  agricultural  school"  shall  mean  either 
an  organization  of  courses,  pupils  and  teachers,  under  a 
distinctive    management    designed    to    give    agricultural 
education,  as  hereinafter  provided  for,  or  a  separate  agri- 
cultural department,  offering  in  a  high  school,  as  elective 
work,  training  in  the  principles  and  practice  of  agriculture 
to  an  extent  and  of  a  character  approved  by  the  board  of 
education  as  vocational. 

9.  "Independent  household  arts  school"  shall  mean  a 
vocational  school  designed  to  develop  on  a  vocational  basis 
the  capacity  for  household  work  such  as. cooking,  house- 
hold service  and  other  occupations  in  the  household. 

STATE   ADMINISTRATION   AND   SUPERVISION. 

SECTION  2.     The  board  of  education  is  hereby  author-  vocatwnai 
ized  and  directed  to  investigate  and  to  aid  in  the  intro-  e< 
duction    of    industrial,    agricultural    and    household    arts 
education;    to  initiate  and  superintend  the  establishment 


76 


PUBLIC  INSTRUCTION.        [Chap.  471. 


and  maintenance  of  schools  for  the  aforesaid  forms  of 
education;  and  to  supervise  and  approve  such  schools,  as 
hereinafter  provided.  The  board  of  education  shall  make 
a  report  annually  to  the  general  court,  describing  the  con- 
dition and  progress  of  industrial,  agricultural  and  house- 
hold arts  education  during  the  year,  and  making  such 
recommendations  as  the  board  may  deem  advisable. 


Types  of 
schools. 


TYPES   OF   SCHOOLS. 

SECTION  3.  In  order  that  instruction  in  the  principles 
and  the  practice  of  the  arts  may  go  on  together,  inde- 
pendent industrial,  agricultural  and  household  arts  schools 
may  offer  instruction  in  day,  part-time  and  evening 
classes.  Attendance  upon  such  day  or  part-time  classes 
shall  be  restricted  to  those  over  fourteen  and  under 
twenty-five  years  of  age;  and  upon  such  evening  classes, 
to  those  over  seventeen  years  of  age. 


Establishment 
of  industrial 
schools. 


Districts  to  be 
established. 


LOCAL   ADMINISTRATION   AND    CONTROL. 

SECTION  4.  Any  city  or  town  may,  through  its  school 
committee  or  through  a  board  of  trustees  elected  by  the 
city  or  town  to  serve  for  a  period  of  not  more  than  five 
years  and  to  be  known  as  the  local  board  of  trustees  for 
vocational  education,  establish  and  maintain  independent 
industrial,  agricultural  and  household  arts  schools. 

SECTION  5.  1.  Districts  composed  of  cities  or  towns, 
or  of  cities  and  towns,  may,  through  a  board  of  trustees  to 
be  known  as  the  district  board  of  trustees  for  vocational 
education,  establish  and  maintain  independent  industrial 
agricultural  or  household  arts  schools.  Such  district 
board  of  trustees  may  consist  of  the  chairman  and  two 
other  members  of  the  school  committee  of  each  of  such 
cities  and  towns,  to  be  appointed  for  the  purpose  by  each 
of  the  respective  school  committees  thereof;  or  any  such 
city  or  town  may  elect  three  residents  thereof  to  serve 
as  its  representatives  on  such  district  board  of  trustees. 

2.  Such  a  district  board  of  trustees  for  vocational  educa- 
tion may  adopt  for  a  period  of  one  year  or  more  a  plan 
of  organization,  administration  and  support  for  the  said 
schools,  and  the  plan,  if  approved  by  the  board  of  edu- 
cation, shall  constitute  a  binding  contract  between  the 
cities  or  towns  which  are,  through  the  action  of  their  re- 
spective representatives  on  the  district  board  of  trustees, 


Chap.  471.]    VOCATIONAL   EDUCATION.  77 

made  parties  thereto,  and  shall  not  be  altered  or  annulled 
except  by  vote  of  two  thirds  of  the  board,  and  the  consent 
of  the  board  of  education  to  such  alteration  or  annulment. 

SECTION  6.     Local  and  district  boards  of  trustees  for  Adv^ry 
vocational  education,   administering  approved  industrial,  cc 
agricultural    or    household    arts    schools,    shall,    under    a 
scheme  to  be  approved  by  the  board  of  education,  appoint 
an  advisory  committee  composed  of  members  representing 
local  trades,  industries  and  occupations.     It  shall  be  the 
duty  of  the  advisory  committee  to  counsel  with  and  advise 
the  local  or  district  board  of  trustees  and  other  school 
officials  having  the  management  and  supervision  of  such 
schools. 

NON-RESIDENT  PUPILS. 

SECTION  7.  1.  Any  resident  of  any  city  or  town  in  Non-resident 
Massachusetts  which  does  not  maintain  an  approved  inde-  puplls> 
pendent  industrial,  agricultural  or  household  arts  school, 
offering  the  type  of  training  which  he  desires,  may  make 
application  for  admission  to  such  a  school  maintained  by 
another  city  or  town.  The  board  of  education,  whose  de- 
cision shall  be  final,  may  approve  or  disapprove  such  appli- 
cation. In  making  such  a  decision  the  board  of  education 
shall  take  into  consideration  the  opportunities  for  free 
vocational  training  in  the  community  in  which  the  appli- 
cant resides;  the  financial  status  of  the  community;  the 
age,  sex,  preparation,  aptitude  and  previous  record  of  the 
applicant;  and  all  other  relevant  circumstances. 

2.  The  city  or  town  in  which  the  person  resides,  who  Tuition  fees, 
has  been  admitted  as  above  provided,  to  an  approved  inde-  et 
pendent  industrial,  agricultural  or  household  arts  school 
maintained  by  another  city  or  town,  shall  pay  such  tuition 
fee  as  may  be  fixed  by  the  board  of  education;  and  the 
commonwealth  shall  reimburse  such  city  or  town,  as  pro- 
vided for  in  this  act.  If  any  city  or  town  neglects  or 
refuses  to  pay  for  such  tuition,  it  shall  be  liable  therefor 
in  an  action  of  contract  to  the  city  or  town,  or  cities  and 
towns,  maintaining  the  school  which  the  pupil,  with  the 
approval  of  the  said  board,  attended. 

REIMBURSEMENT. 

SECTION  8.  Independent  industrial,  agricultural  and 
household  arts  schools  shall,  so  long  as  they  are  approved 
by  the  board  of  education  as  to  organization,  control,  loca- 


78 


PUBLIC  INSTRUCTION.        [Chap.  471. 


Payments  to 
be  made  annu- 
ally from  the 
state  treasury, 
etc. 


Cities  and 
towns  to  be 
reimbursed. 


Proviso. 


One  half  the 
sum  expended 
by  cities  and 
towns  to  be 
reimbursed. 


Statement  to  be 
made  to  the 
general  court. 


tion,  equipment,  courses  of  study,  qualifications  of  teach- 
ers, methods  of  instruction,  conditions  of  admission,  em- 
ployment of  pupils  and  expenditures  of  money,  constitute 
approved  local  or  district  independent  vocational  schools. 
Cities  and  towns  maintaining  such  approved  local  or  dis- 
trict independent  vocational  schools  shall  receive  reim- 
bursement as  provided  in  sections  nine  and  ten  of  this  act. 
SECTION  9.  1.  The  commonwealth,  in  order  to  aid  in 
the  maintenance  of  approved  local  or  district  independent 
industrial  and  household  arts  schools  and  of  independent 
agricultural  schools  consisting  of  other  than  agricultural 
departments  in  high  schools,  shall,  as  provided  in  this 
act,  pay  annually  from  the  treasury  to  cities  and  towns 
maintaining  such  schools  an  amount  equal  to  one  half  the 
sum  to  be  known  as  the  net  maintenance  sum.  Such  net 
maintenance  sum  shall  consist  of  the  total  sum  raised  by 
local  taxation  and  expended  for  the  maintenance  of  such 
a  school,  less  the  amount,  for  the  same  period,  of  tuition 
claims,  paid  or  unpaid,  and  receipts  from  the  work  of 
pupils  or  the  sale  of  products. 

2.  Cities  and  towns  maintaining  approved  local  or  dis- 
trict independent  agricultural  schools  consisting  only  of 
agricultural  departments  in  high  schools   shall  be  reim- 
bursed by  the  commonwealth,  as  provided  in  this  act,  only 
to  the  extent  of  two  thirds  of  the  salary  paid  to  the  in- 
structors in  such  agricultural  departments:    provided,  that 
the  total  amount  of  money  expended  by  the  common- 
wealth in  the  reimbursement  of  such  cities  and  towns  for 
the  salaries  of  such  instructors  for  any  given  year  shall  not 
exceed  ten  thousand  dollars. 

3.  Cities  and  towns  that  have  paid  claims  for  tuition  in 
approved  local  or  district  independent  vocational  schools 
.shall  be  reimbursed  by  the  commonwealth,  as  provided  in 
this  act,  to  the  extent  of  one  half  the  sums  expended  by 
such  cities  and  towns  in  payment  of  such  claims. 

SECTION  10.  On  or  before  the  first  Wednesday  of 
January  of  each  year  the  board  of  education  shall  present 
to  the  general  court  a  statement  of  the  amount  expended 
previous  to  the  preceding  first  day  of  December  by  cities 
and  towns  in  the  maintenance  of  approved  local  or  dis- 
trict independent  vocational  schools,  or  in  payment  of 
claims  for  tuition  in  such  schools,  for  which  such  cities 
and  towns  should  receive  reimbursement,  as  provided  in 


Chap.  471.1    VOCATIONAL   EDUCATION.  79 

this  act.  On  the  basis  of  such  a  statement  the  general 
court  may  make  an  appropriation  for  the  reimbursement 
of  such  cities  and  towns  up  to  such  first  day  of  December. 

ACTS  AND  PARTS  OF  ACTS  REPEALED. 

SECTION  11.  1.  Sections  one  to  six,  inclusive,  of  RePeal- 
chapter  five  hundred  and  five  of  the  acts  of  the  year  nine- 
teen hundred  and  six,  sections  one  to  four,  inclusive,  of 
chapter  five  hundred  and  seventy-two  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  chapter  five  hundred 
and  forty  of  the  acts  of  the  year  nineteen  hundred  and 
nine,  and  all  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

2.  Schools   heretofore   established   under   the   acts   and 
parts  of  acts  repealed  by  this  section,  and  approved  by  operation 
the  board  of  education,  shall  continue  in  operation  sub- 
ject to  the  provisions  of  this  act  for  such  schools. 

Transportation  by  Street  and  Elevated  Railway  Companies  of  Pupils 

of  Industrial  Schools. 

NOTE.  —  See  chapter  530,  Acts  of  1908,  as  amended  by  chapter  Transportation 
567,  Acts  of  1910,  page  24  of  this  pamphlet. 

ESTABLISHMENT  AND  MAINTENANCE  or  EVENING  CLASSES 
IN  THE  PRACTICAL  ARTS  FOR  WOMEN. 

Chapter  106,  Acts  of  1912,  provides  as  follows:  — 

Any  city  or  town  may,  through  its  school  committee,  or  Evening  classes 
other  board  of  trustees  for  vocational  education,  establish  Suction  for 
and  maintain  separate  evening  classes  in  household  and  w 
other   practical    arts.      Such    classes    shall    be   known   as 
practical   art  classes,   shall   be   open  to   all  women   over 
seventeen  years  of  age  who  are  employed  in  any  capacity 
during  the  day,  and  may  be  established  and  maintained  as 
approved  state-aided  practical  art  classes  under  the  pro- 
visions of,  and  subject  to  all  the  conditions,  not  incon- 
sistent with  this  act,  of  chapter  four  hundred  and  seventy- 
one  of  the  acts  of  the  year  nineteen  hundred  and  eleven. 

TRAINING   OF   TEACHERS   FOR   STATE-AIDED   VOCATIONAL 

AND  CONTINUATION  SCHOOLS. 
Chapter  174,  Acts  of  1914,  provides  as  follows:  — 
Any  city,  town,  or  district  composed  of  cities  and  towns  classes  may  be 

may,  with  the  approval  of  the  board  of  education,  through 


80 


PUBLIC  INSTRUCTION.        [Chap.  805. 


schooia°etc 


its  school  committee  or  other  board  of  trustees  for  voca- 
tional  education,  establish  classes  for  the  training  of 
teachers  for  continuation  and  vocational  schools  estab- 
lished and  maintained  under  the  provisions  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of  the  year  nineteen 
hundred  and  eleven,  or  chapter  one  hundred  and  six  of 
the  acts  of  the  year  nineteen  hundred  and  twelve,  and  of 
chapter  eight  hundred  and  five  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen.  Such  classes  shall  be 
maintained  under  the  provisions  of,  and  subject  to  all  the 
conditions,  not  inconsistent  with  this  act,  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of  the  year  nineteen 
hundred  and  eleven. 


Establishment 
of  classes  for 


schools, 
etc.,  author- 


Attendance  of 
certain  minors 
at  continuation 
schools  and 
courses  of 
instruction. 


Bo  ARD  OF  EDUCATION  AUTHORIZED  TO  MAINTAIN  CLASSES 
FOR  THE  TRAINING  OF  TEACHERS  FOR   STATE-AIDED 
VOCATIONAL  AND  CONTINUATION  SCHOOLS. 
Chapter  391,  Acts  of  1914,  provides  as  follows :- 
The  board  of  education  is  hereby  authorized  to  establish 
and  maintain  classes  for  the  purpose  of  training  teachers 
for  vocational  and  continuation  schools,  established  under 
the  provisions  of  chapter  four  hundred  and  seventy-one 
of  the   acts   of  the   year   nineteen  hundred   and   eleven, 
chapter  one  hundred  and  six  of  the  acts  of  the  year  nine- 
teen hundred  and  twelve  and  chapter  eight  hundred  and 
five  of  the  acts  of  the  year  nineteen  hundred  and  thirteen. 

CHAPTER  805,  ACTS  OF  1913. 

ESTABLISHMENT  AND  MAINTENANCE  OF  CONTINUATION 
SCHOOLS  AND  COURSES  OF  INSTRUCTION  FOR  WORKING 
CHILDREN. 

SECTION  1.  When  the  school  committee  of  any  city 
or  town  shall  have  established  continuation  schools  or 
courses  of  instruction  for  the  education  of  minors  between 
fourteen  and  sixteen  years  of  age  who  are  regularly  em- 
ployed in  such  city  or  town  not  less  than  six  hours  per 
day,  such  school  committee  may,  with  the  consent  of  the 
board  of  education,  require  the  attendance  in  such  con- 
tinuation schools  or  on  such  courses  of  instruction  of 
every  such  minor  thereafter  receiving  an  employment  cer- 
tificate and  who  is  not  otherwise  receiving  instruction 
approved  by  the  school  committee  as  equivalent  to  that 
provided  in  schools  established  under  the  provisions  of  this 


Chap.  805.]    VOCATIONAL   EDUCATION.  81 

act.  The  required  attendance  provided  for  in  this  act  shall 
be  at  the  rate  of  not  less  than  four  hours  per  week  and 
shall  be  between  the  hours  of  eight  o'clock  in  the  morning 
and  six  o'clock  in  the  afternoon  of  any  working  day  or 
days.  The  time  spent  by  a  child  in  a  continuation  school 
or  class  shall  be  reckoned  as  a  part  of  the  time  or  number 
of  hours  that  minors  are  permitted  by  law  to  work. 

SECTION  2.  Continuation  schools  or  courses  of  instruc-  £pp™yend  con- 
tion  as  provided  in  section  one  of  this  act,  shall,  so  long  sch^ois?etc. 
as  they  are  approved  by  the  board  of  education  as  to 
organization,  control,  location,  equipment,  courses  of 
study,  qualifications  of  teachers,  methods  of  instruction, 
conditions  of  admission,  employment  of  pupils  and  expen- 
diture of  the  money,  constitute  approved  continuation 
schools  or  courses  of  instruction.  Cities  and  towns  main- 
taining such  approved  continuation  schools  or  courses  of 
instruction  shall  receive  reimbursement  from  the  common- 
wealth, as  provided  in  section  three  of  this  act. 

SECTION  3.  The  commonwealth,  in  order  to  aid  in  the  Maintenance, 
maintenance  of  approved  continuation  schools  or  courses,  e 
shall  as  provided  in  this  act  pay  annually  from  the  treas- 
ury to  cities  and  towns  maintaining  such  schools  or  courses 
an  amount  equal  to  one  half  of  the  sum  to  be  known  as 
the  net  maintenance  sum.  Such  net  maintenance  sum  shall 
consist  of  the  total  sum  raised  by  local  taxation  and  ex- 
pended for  the  maintenance  of  such  a  school,  less  the 
amount,  for  the  same  period,  of  tuition  claims  paid  or 
unpaid  and  receipts  from  the  work  of  pupils  or  the  sale  of 
products. 

SECTION  4.     When  the   school   committee  of  anv  city  Attendance  of 

....  -I  i  •  1       i  •  •  i^i  resident  minors 

or  town  shall  have  established  a  continuation  school  or  employed  in 

a    •  ..  .  ,     ,    .  .  <»      -I  •      another  city  or 

courses  of  instruction  as  provided  in  section  one  ot  this  town, 
act,  the  said  school  committee  may  require  the  attendance, 
as  provided  in  section  one  of  this  act,  in  such  continuation 
school   or   on   such   courses   of  instruction   of  all   minors 
between  fourteen  and  sixteen  years  of  age  residing  in  said 
city  or  town  who  are  regularly  employed  in  another  city 
or  town:    provided,  that  the  city  or  town  in  which  such  Proviso. 
minors  are  employed  does  not  maintain  and  require  at- 
tendance at  a  continuation  school  or  courses  of  instruction 
as  defined  in  section  one  of  this  act. 

SECTION  5.     Any  minor  between  fourteen  and  sixteen  Same  subject, 
years  of  age  who  is  regularly  employed  in  a  city  or  town 


82 


PUBLIC  INSTRUCTION.        [Chap.  805. 


Report  of 
attendance  to 
be  filed,  etc. 


Proviso. 


Employment 
of  minor  shall 
cease  in  case  of 
non-attend- 
ance, etc. 


Penalty. 


Certificates 
may  be  re- 
voked for  non- 
attendance. 


Time  of  taking 
effect. 


other  than  that  in  which  the  said  minor  resides  may  attend 
a  continuation  school  or  courses  of  instruction,  as  provided 
in  section  one  of  this  act,  in  the  city  or  town  in  which  such 
minor  resides.  Any  minor  attending  a  continuation  school 
or  courses  of  instruction,  as  hereinbefore  described,  in  the 
city  or  town  of  his  residence  in  preference  to  attending 
such  school  or  courses  of  instruction  in  the  city  or  town 
of  his  employment,  shall  file  or  cause  to  be  filed  regularly, 
at  least  once  a  month,  with  the  superintendent,  or  his 
representative  duly  authorized  in  writing,  of  the  city  or 
town  in  which  such  minor  is  employed,  a  report  of  at- 
tendance certified  by  the  superintendent,  or  his  representa- 
tive duly  authorized  in  writing,  of  the  city  or  town  in 
which  such  minor  is  attending  school:  provided,  however, 
that  the  filing  of  such  certified  report  of  attendance  with 
the  superintendent  of  a  city  or  town  in  which  attendance 
at  continuation  schools  or  courses  of  instruction  as  defined 
in  section  one  of  this  act  is  not  compulsory  shall  not  be 
required. 

SECTION  6.  The  employer  of  any  minor  between  four- 
teen and  sixteen  years  of  age  who  is  compelled  by  the 
provisions  and  regulations  either  of  the  school  committee 
in  the  city  or  town  in  which  such  minor  resides  or  of  the 
school  committee  in  the  city  or  town  in  which  such  minor 
is  employed  to  attend  a  continuation  school  or  courses 
of  instruction  as  defined  in  section  one  of  this  act,  shall 
cease  forthwith  to  employ  such  minor  when  notified  in 
writing  by  the  superintendent  or  his  representative  duly 
authorized  in  writing,  having  jurisdiction  over  such  minor's 
school  attendance,  that  such  minor  is  not  attending  school 
in  accordance  with  the  compulsory  attendance  regulations 
as  defined  in  section  one  of  this  act.  Any  employer  who 
fails  to  comply  with  the  provisions  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars  for  each  offence. 

SECTION  7.  The  superintendent  of  schools  having 
jurisdiction,  or  a  person  authorized  by  him  in  writing,  may 
revoke  the  age  and  schooling  or  employment  certificate  of 
any  minor  who  is  required  by  the  provisions  of  this  act 
to  attend  a  continuation  school  or  courses,  if  such  minor 
fails  to  attend  such  school  or  courses  as  provided  by  this  act. 

SECTION  8.  This  act  shall  take  effect  on  the  first  day 
of  September,  nineteen  hundred  and  thirteen. 


Chap.  566.]     AGRICULTURAL   EDUCATION.  83 

AGRICULTURAL  EDUCATION. 
INDEPENDENT  AGRICULTURAL  SCHOOL  IN  BRISTOL  COUNTY. 

[Chapter  566,  Acts  of  1912.] 

Ax  ACT  TO  PROVIDE  FOR  AN  INDEPENDENT  AGRICULTURAL 
SCHOOL  IN  THE  COUNTY  OF  BRISTOL. 

ORGANIZATION  AND  CONTROL. 

SECTION  1.-  At  the  next  state  election  there  shall  be  independent 
placed  upon  the  official  ballots  for  the  county  of  Bristol  sJhoofinThe 
the  following  question :  — "  Shall  the  county  of  Bristol  Soletc. 
establish  an  independent  agricultural  school?"  If  a  ma- 
jority of  the  voters  voting  thereon  vote  in  the  affirmative, 
the  governor,  with  the  advice  and  consent  of  the  council, 
shall  appoint  four  persons,  one  for  the  term  of  one  year, 
one  for  the  term  of  two  years,  one  for  the  term  of  three 
years  and  one  for  the  term  of  four  years,  and  thereafter 
annually  one  for  the  term  of  four  years,  residents  of  the 
county,  who,  together  with  the  county  commissioners  for 
the  county,  shall  be  known  as  the  Trustees  of  the  Inde- 
pendent Agricultural  School  of  Bristol  County.  Said 
trustees  shall  serve  without  compensation  but  shall  be 
reimbursed  for  their  necessary  expenses,  the  same  to  be 
charged  and  paid  on  account  of  maintenance,  as  herein- 
after provided. 

SECTION  2.  The  said  trustees  are  hereby  authorized  to  Location  of 
determine  the  location  of  the  said  school,  subject  to  the  sc  ool>  etc' 
approval  of  the  board  of  education,  and  to  expend  an 
amount  not  exceeding  thirty  thousand  dollars  in  the  pur- 
chase of  real  estate  and  the  construction  or  alteration  of 
buildings  therefor.  In  order  to  provide  the  share  to  be 
paid  by  the  county  of  the  cost  of  establishing  and  equip- 
ping the  said  school,  the  county  commissioners  are  hereby 
authorized  to  issue  bonds  of  the  county  to  an  amount  not 
exceeding  thirty  thousand  dollars.  The  said  bonds  shall 
be  issued  for  a  term  not  exceeding  twenty  years,  and  shall 
bear  interest  at  a  rate  not  exceeding  four  per  cent  per 
annum,  payable  semi-annually.  The  county  commis- 
sioners may,  by  vote,  provide  for  the  payment  of  the  said 
loan  by  such  proportionate  or  other  annual  payments  as 
will  extinguish  the  debt  at  maturity,  but  in  such  a  manner 


84 


PUBLIC  INSTRUCTION.        [Chap.  566. 

that  the  interest  payable  in  any  one  year,  together  with 
that  part  of  the  principal  which  is  payable  in  the  same 
year,  shall  not  be  less  than  the  aggregate  amount  of  prin- 
cipal and  interest  payable  in  any  subsequent  year.  When 
such  a  vote  has  been  passed,  the  annual  amount  required 
shall,  without  further  vote,  be  assessed  according  to  the 
provisions  of  law  relating  to  the  assessment  of  county 
taxes.  After  the  construction  and  equipment  of  the 
said  school,  the  county  shall  annually  raise  by  taxation 
a  sum  not  exceeding  eight  thousand  dollars  for  the  share 
of  the  county  in  the  maintenance  of  the  said  school. 


Maintenance  of 
school,  etc. 


Support  of 
school,  etc. 


ADMINISTRATION. 

SECTION  3.  Any  school  established  under  this  act  shall 
be  established  and  maintained  as  an  approved  school,  sub- 
ject to  the  provisions  of  chapter  four  hundred  and  seventy- 
one  of  the  acts  of  the  year  nineteen  hundred  and  eleven, 
and  of  any  amendments  thereof,  and  the  county  shall  be 
reimbursed  for  expenditures  incurred  in  its  maintenance 
in  the  manner  and  to  the  extent  provided  for  the  reim- 
bursement of  cities  and  towns  by  the  said  chapter  and  any 
amendments  thereof. 

SUPPORT. 

SECTION  4.  The  said  trustees  shall  annually  prepare,  on 
or  before  the  fifteenth  day  of  December,  an  estimate  of 
the  amount  required  to  maintain  the  school  for  the  en- 
suing year,  and  said  amount  shall  be  included  in  the 
estimate  required  by  section  twenty-seven  of  chapter 
twenty-one  of  the  Revised  Laws,  as  amended;  and  if  the 
expenditure  of  the  amount  so  estimated  or  any  part 
thereof  shall  be  authorized  by  the  general  court,  the  said 
trustees  shall,  subject  to  the  provisions  of  said  chapter 
four  hundred  and  seventy-one,  expend  the  same  for  the 
purpose  hereinbefore  stated. 


NON-RESIDENT   PUPILS. 

Pupils,  etc.  SECTION  5.     Said  school  shall  be  free  for  attendance  to 

all  residents  of  said  county  over  fourteen  and  under 
twenty-five  years  of  age.  Any  resident,  over  fourteen  and 
under  twenty-five  years  of  age,  of  any  city  or  town  in 
Massachusetts  which  does  not  maintain  an  agricultural 
school,  offering  the  type  of  education  which  he  desires, 


Chap.  587.]    AGRICULTURAL  EDUCATION.  85 

and  approved  by  the  board  of  education,  may  make  appli- 
cation for  admission  to  the  said  school.  The  board  of 
education,  whose  decision  shall  be  final,  may  approve  or 
disapprove  such  application.  In  making  its  decision,* the 
board  shall  take  into  consideration  the  opportunities  for 
free  agricultural  training  in  the  community  in  which  the 
applicant  lives,  the  financial  status  of  the  community, 
the  age,  sex,  preparation,  aptitude  and  previous  record 
of  the  applicant,  and  all  other  relevant  circumstances. 
The  board  may,  however,  permit  pupils  with  limited 
educational  preparation  to  enter  for  a  special  course  of 
study  in  horticulture,  fruit  growing  or  dairy  farming.  The 
city  or  town  in  which  the  person  resides  whose  applica- 
tion for  admission  to  the  said  school  has  been  approved 
as  herein  provided,  shall  pay  such  tuition  fee  as  may  be 
fixed  by  the  board  of  education;  and  the  commonwealth 
shall  reimburse  such  city  or  town  upon  the  recommenda- 
tion of  the  board  of  education  to  the  extent  of  one  half 
the  sum  expended  by  the  city  or  town  in  payment  of  such 
tuition  fee.  If  any  city  or  town  neglects  or  refuses  to  pay 
for  such  tuition  it  shall  be  liable  therefor  to  said  trustees 
in  an  action  of  contract. 
SECTION  6.  The  provisions  of  chapter  five  hundred  and  Certain  pro- 

T  .  n     i  o-i  •  -I  i        -i  i       •    i         visions  of  law 

thirty  of  the  acts  of  the  year  nineteen  hundred  and  eight,  applicable, 
as  amended  by  chapter  five  hundred  and  sixty-seven  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  for  half  rate 
fare  upon  street  railways  shall  apply  to  pupils  of  the  said 
school. 

SECTION  7.  So  much  of  this  act  as  applies  to  the  ref- 
erendum  shall  take  effect  upon  its  passage,  the  remainder 
upon  its  acceptance  by  the  voters  of  the  county  as  pro- 
vided in  section  one  of  this  act. 


INDEPENDENT  AGRICULTURAL  SCHOOL  IN  ESSEX  COUNTY. 

[Chapter  587,  Acts  of  1912.] 

AN  ACT  TO  PROVIDE  FOR  THE  ESTABLISHMENT  AND  MAIN- 
TENANCE OF  AN  INDEPENDENT  AGRICULTURAL  SCHOOL 
IN  THE  COUNTY  OF  ESSEX. 
SECTION  1.     At  the  next  state  election  there  shall  be  independent 
placed  upon  the  official  ballots  for  the  county  of  Essex,  the 
following  question:  -   "Shall  the  county  of  Essex  establish  «"»*y 
an  independent  agricultural  school?"    If  a  majority  of  the 


86  PUBLIC  INSTRUCTION.        [Chap.  587. 

voters  voting  thereon  vote  in  the  affirmative,  then,  the 
governor,  with  the  advice  and  consent  of  the  council, 
shall  appoint  four  persons,  one  for  the  term  of  one  year, 
one  for  the  term  of  two  years,  one  for  the  term  of  three 
years  and  one  for  the  term  of  four  years,  and  thereafter 
he  shall  appoint  annually  one  person  for  the  term  of  four 
years,  residents  of  the  county,  who  together  with  the 
county  commissioners  for  the  county  shall  be  known  as 
the  trustees  of  the  independent  agricultural  school  of  the 
county  of  Essex.  Said  trustees  shall  serve  without  com- 
pensation, but  shall  be  reimbursed  for  their  necessary 
travelling  expenses,  the  same  to  be  charged  and  paid  on 
account  of  maintenance,  as  hereinafter  provided. 
8ohS}i,°etc.f  SECTION  2.  The  said  trustees  are  hereby  authorized  to 

determine  the  location  of  the  said  school,  subject  to  the 
approval  of  the  board  of  education,  and  to  expend  the 
sum  of  seventy-five  thousand  dollars  to  be  provided  by 
the  county  of  Essex,  for  the  purchase  of  real  estate  and 
the  erection  or  alteration  of  buildings  therefor.  Thereafter 
the  county  of  Essex  shall  each  year  upon  the  recommenda- 
tion of  the  said  trustees  raise  by  taxation  a  sum  not  ex- 
ceeding twenty-five  thousand  dollars  for  the  maintenance 
of  said  school,  and  the  sum  so  raised  shall  be  paid  to  the 
said  trustees  by  the  treasurer  of  the  county  upon  their 
requisition.  In  order  to  provide  for  the  county's  expense 
in  establishing  and  equipping  the  agricultural  school 
herein  provided  for,  the  county  commissioners  of  the 
county  of  Essex  are  hereby  authorized  to  issue  bonds  of 
the  county  to  the  amount  of  seventy-five  thousand  dollars, 
to  mature  in  whole  or  in  part  in  not  less  than  twenty 
years,  with  interest  at  a  rate  not  exceeding  four  per  cent 
per  annum,  and  the  sum  so  raised  shall  be  paid  to  the 
said  trustees  by  the  treasurer  of  the  county  upon  their 
requisition.  The  county  commissioners  may  by  vote 
provide  for  the  payment  of  said  debt  by  such  propor- 
tionate or  other  annual  payments  as  will  extinguish  the 
same  at  maturity,  in  such  manner  that  the  aggregate 
amount  of  principal  and  interest  payable  in  any  given 
year  shall  not,  together,  be  less  than  the  aggregate  amount 
of  principal  and  interest  payable  in  any  subsequent  year; 
and  thereafter  such  annual  amount  shall,  without  further 
vote,  be  assessed  under  the  provisions  of  law  relating  to 
the  assessment  of  county  taxes. 


Chap.  587.]    AGRICULTURAL   EDUCATION.  87 


SECTION  3.  In  order  to  aid  in  the  maintenance  of  said 
school  the  treasurer  of  the  commonwealth  shall,  so  long  as 
said  school  is  approved  by  the  board  of  education,  pay,  as 
provided  in  section  four  of  this  act  and  upon  the  recom- 
mendation of  said  board,  to  the  county  of  Essex  from 
money  in  the  treasury  one  half  of  the  cost  of  maintaining 
said  school,  the  yearly  payments  not  to  exceed  the  sum  of 
twelve  thousand  five  hundred  dollars. 

SECTION  4.    The  school  authorized  by  this  act  shall  be  County  to  be 
maintained  as  an  approved  school  subject  to  the  provi-  expenditures, 
sions  of  chapter  four  hundred  and  seventy-one  of  the  acts  etc' 
of  the  year  nineteen  hundred  and  eleven,  not  inconsistent 
with  this  act,  and  the  county  of  Essex  shall  be  reimbursed 
for  expenditures  incurred  in  the  maintenance  of  the  school 
in  the  same  manner  and  to  the  same  extent  as  cities  and 
towns   are   reimbursed  under  the   provisions   of  the   said 
chapter. 

SECTION  5.  1.  The  said  school  shall  be  free  for  at-  Pupils,  etc. 
tendance  to  all  residents  of  said  county  over  fourteen  and 
under  twenty-five  years  of  age.  Any  resident  over  four- 
teen and  under  twenty-five  years  of  age  of  any  city  or 
town  in  Massachusetts  which  does  not  maintain  an  agri- 
cultural school  approved  by  the  board  of  education  and 
offering  the  type  of  training  which  he  desires,  may  make 
application  for  admission  to  the  said  school.  The  board 
of  education,  whose  decision  shall  be  final,  may  approve 
or  disapprove  such  application.  In  making  its  decision 
the  board  of  education  shall  take  into  consideration  the 
opportunities  for  free  agricultural  training  in  the  com- 
munity in  which  the  applicant  resides,  the  financial  status 
of  the  community,  the  age,  sex,  preparation,  aptitude  and 
previous  record  of  the  applicant,  and  all  other  relevant 
circumstances. 

2.  The  city  or  town  in  which  the  person  resides,  whose  Tuition  fee, 
application  for  admission  to  the  said  school  has  been  ap-  etc* 
proved  as  herein  provided,  shall  pay  such  tuition  fee  as 
may  be  fixed  by  the  board  of  education;  and  the  common- 
wealth shall  reimburse  such  city  or  town,  upon  the  recom- 
mendation of  the  board  of  education,  to  the  extent  of  one 
half  the  sum  paid  by  the  city  or  town  as  a  tuition  fee. 
If  any  city  or  town  neglects  or  refuses  to  pay  for  such 
tuition,  it  shall  be  liable  therefor  in  an  action  of  contract 
brought  by  the  trustees  of  the  school.    The  said  trustees 


88 


PUBLIC  INSTRUCTION.        [Chap.  502. 


Certain  pro- 
visions of  law 
applicable. 


Time  of  taking 
effect. 


are  hereby  charged  with  the  duty  and  responsibility  of 
collecting  all  moneys  due  the  school  for  tuition  fees,  for 
the  work  of  pupils,  from  the  sale  of  products  or  from  any 
other  source  other  than  local  taxation  and  of  paying  over 
such  moneys  to  the  treasurer  of  the  county  of  Essex. 

SECTION  6.  The  provisions  of  chapter  five  hundred 
and  thirty  of  the  acts  of  the  year  nineteen  hundred  and 
eight  for  half  rate  fare  upon  street  railways  shall  apply 
to  pupils  of  the  said  school. 

SECTION  7.  So  much  of  this  act  as  applies  to  the  ref- 
erendum shall  take  effect  upon  its  passage,  the  residue 
upon  its  acceptance  by  the  voters  of  the  county  as  pro- 
vided in  section  one  of  this  act. 


Massachusetts  Agricultural  College. 

The  Massachusetts  Agricultural  College  offers  an  education 
without  tuition  fee  to  any  student  who  is  a  resident  of  Massa- 
chusetts and  who  meets  the  requirements  for  admission.  Women 
are  admitted  on  the  same  basis  as  are  men.  Students  who  are  not 
residents  of  Massachusetts  are  required  to  pay  a  nominal  tuition 
fee. 


Appointment 
of  school  physi- 
cians, etc. 


Proviso. 


MEDICAL  INSPECTION  OF  SCHOOLS. 

[Chapter  502,  Acts  of  1906,  as  amended.] 

APPOINTMENT  OF  SCHOOL  PHYSICIANS,  ETC.;  ALSO  MEDI- 
CAL INSPECTION  OF  SCHOOLS,  AND  OF  WORKING  CHIL- 
DREN BETWEEN  THE  AGES  OF  FOURTEEN  AND  SIXTEEN. 

SECTION  1.  (As  amended  by  chapter  257,  Acts  of 
1910.)  The  school  committee  of  every  city  and  town  in 
the  commonwealth  shall  appoint  one  or  more  school  physi- 
cians, shall  assign  one  to  each  public  school  within  its 
city  or  town,  and  shall  provide  them  with  all  proper  facil- 
ities for  tbe  performance  of  their  duties  as  prescribed  in 
this  act;  and  shall  assign  one  or  more  to  perform  the  duty 
of  examining  children  who  apply  for  health  certificates  * 
in  accordance  with  this  act:  provided,  however,  that  in 
cities  wherein  the  board  of  health  is  already  maintaining 
or  shall  hereafter  maintain  substantially  such  medical 
inspection  as  this  act  requires,  the  board  of  health  shall 
appoint  and  assign  the  school  physician. 


See  also  section  58,  chapter  514,  Acts  of  1909,  as  amended,  page  57  of  this  pamphlet. 


Chap.  502.]  MEDICAL  INSPECTION  OF  SCHOOLS.  89 


EXAMINATION  AND  DIAGNOSIS  TO   BE  MADE. 

SECTION  2.     (As    amended    by    chapter    257,    Acts    of 

v  ^  v  ,r>  \         -n  i        i         i        •    •  i     1 1  i  ,    anc*  diagnosis 

1910.)  Every  school  physician  shall  make  a  prompt  of  children  to 
examination  and  diagnosis  of  all  children  referred  to 
him  as  hereinafter  provided,  and  such  further  examina- 
tion of  teachers,  janitors  and  school  buildings  as  in  his 
opinion  the  protection  of  the  health  of  the  pupils  may  re- 
quire. Every  school  physician  who  is  assigned  to  perform 
the  duty  of  examining  children  who  apply  for  health  cer- 
tificates l  shall  make  a  prompt  examination  of  every  child 
who  wishes  to  obtain  an  age  and  schooling  certificate,  as 
provided  in  section  sixty  of  chapter  five  hundred  and 
fourteen  of  the  acts  of  the  year  nineteen  hundred  and 
nine,2  and  who  presents  to  said  physician  an  employment 
ticket,  as  provided  in  said  section,  and  the  physician  shall 
certify  in  writing  whether  or  not  in  his  opinion  such  child 
is  in  sufficiently  sound  health  and  physically  able  to  per- 
form the  work  which  the  child  intends  to  do. 

SECTION  3.  The  school  committee  shall  cause  to  be  re-  Authority  of 
ferred  to  a  school  physician  for  examination  and  diagnosis  mitSU°etc. 
every  child  returning  to  school  without  a  certificate  from 
the  board  of  health  after  absence  on  account  of  illness  or 
from  unknown  cause;  and  every  child  in  the  schools  under 
its  jurisdiction  who  shows  signs  of  being  in  ill  health  or  of 
suffering  from  infectious  or  contagious  disease,  unless 
he  is  at  once  excluded  from  school  by  the  teacher;  except 
that  in  the  case  of  schools  in  remote  and  isolated  situations 
the  school  committee  may  make  such  other  arrangements 
as  may  best  carry  out  the  purposes  of  this  act. 

NOTICE  TO  BE  SENT  TO  PARENT  OR  GUARDIAN. 

SECTION  4.    The  school  committee  shall  cause  notice  of  Notice  of 

,i          T  ,»  .„  „  i  •    i  ,  .,  ,  disease  of  child 

the  disease  or  defects,  if  any,  from  which  any  child  is  to  be  sent  to 
found  to  be  suffering  to  be  sent  to  his  parent  or  guardian. 
Whenever  a  child  shows  symptoms  of  smallpox,  scarlet 
fever,  measles,  chickenpox,  tuberculosis,  diphtheria  or  in- 
fluenza, tonsilitis,  whooping  cough,  mumps,  scabies  or 
trachoma,  he  shall  be  sent  home  immediately,  or  as  soon 
as:  safe  and  proper  conveyance  can  be  found,  and  the  board 
of 'health  shall  at  once  be  notified. 

1  See  also  section  58,  chapter  514,  Acts  of  1909,  as  amended,  page  57  of  this  pamphlet. 

2  As  amended  by  section  18  of  chapter  779,  Acts  of  1913,  see  page  60  of  this  pamphlet. 


90 


PUBLIC  INSTRUCTION.        [Chap.  502. 


Testing  as  to 
defective  sight, 
etc. 


State  board  of 
health,  etc.,  to 
furnish  test- 
cards,  blanks, 
etc. 


When  to  take 
effect. 


TESTS   OF   SIGHT   AND   HEARING,  AND   EXAMINATION  FOR 
DISABILITY   OR  DEFECTS. 

SECTION  5.  The  school  committee  of  every  city  and 
town  shall  cause  every  child  in  the  public  schools  to  be 
separately  and  carefully  tested  and  examined  at  least  once 
in  every  school  year  to  ascertain  whether  he  is  suffering 
from  defective  sight  or  hearing  or  from  any  other  disa- 
bility or  defect  tending  to  prevent  his  receiving  the  full 
benefit  of  his  school  work,  or  requiring  a  modification  of 
the  school  work  in  order  to  prevent  injury  to  the  child  or 
to  secure  the  best  educational  results.  The  tests  of  sight 
and  hearing  shall  be  made  by  teachers.  The  committee 
shall  cause  notice  of  any  defect  or  disability  requiring 
treatment  to  be  sent  to  the  parent  or  guardian  of  the  child, 
and  shall  require  a  physical  record  of  each  child  to  be 
kept  in  such  form  as  the  state  board  of  education  shall 
prescribe. 

SECTION  6.  The  state  board  of  health  shall  prescribe 
the  directions  for  tests  of  sight  and -hearing  and  the  state 
board  of  education  shall,  after  consultation  with  the  state 
board  of  health,  prescribe  and  furnish  to  school  com- 
mittees suitable  rules  of  instruction,  test-cards,  blanks, 
record  books  and  other  useful  appliances  for  carrying  out 
the  purposes  of  this  act,  and  shall  provide  for  pupils  in  the 
normal  schools  instruction  and  practice  in  the  best  methods 
of  testing  the  sight  and  hearing  of  children.  The  state 
board  of  education  may  expend  during  the  year  nineteen 
hundred  and  six  a  sum  not  greater  than  fifteen  hundred 
dollars,  and  annually  thereafter  a  sum  not  greater  than 
five1  hundred  dollars  for  the  purpose  of  supplying  the 
material  required  by  this  act. 

Section  7  is  repealed  by  chapter  412,  Acts  of  1908. 

SECTION  8.  This  act  shall  take  effect  on  the  first  day 
of  September  in  the  year  nineteen  hundred  and  six. 


Money  may  be 
expended  for 
medical  in- 
spection in 
public  schools. 


EXPENDITURES    BY    STATE    BOARD    OF    EDUCATION    FOR 

MEDICAL  INSPECTION  OF  SCHOOLS. 
Chapter  189,  Acts  of  1908,  provides  as  follows :- 
For  the  purpose  of  furnishing  schools  and  school  com- 
mittees with  the  material  and  appliances  provided  for  by 

1  See  chapter  189,  Acts  of  1908,  as  given  below. 


lor 

nurses. 


MEDICAL  INSPECTION  OF  SCHOOLS.  91 

section  six  of  chapter  five  hundred  and  two  of  the  acts  of 
the  year  nineteen  hundred  and  six,  relative  to  the  health  of 
children  in  the  public  schools,  the  state  board  of  education 
may  annually  expend  a  sum  not  exceeding  eight  hundred 
dollars,  instead  of  five  hundred  dollars  as  is  specified  in  the 
said  section. 

AUTHORIZING  TOWNS  TO  APPROPRIATE  MONEY  FOR  THE 

EMPLOYMENT  OF  NURSES. 

Chapter  72,  Acts  of  1911,  provides  as  follows:  — 
Towns  are  hereby  authorized  to  appropriate  annually  Towns  may 
a  sum  not  exceeding  two  thousand  dollars  for  the  employ-  JSSSy  fte 
ment  of  district  or  other  nurses.    The  said  sums  may  be 
expended  directly  by  the  town  through  its  selectmen,  or 
under  the  direction  of  the  board  of  health  when  authorized 
so  to  do  by  the  selectmen. 

CITIES    AND    TOWNS    MAY    PROVIDE    FREE    MEALS    FOR 

SCHOOL  CHILDREN. 

Chapter  575,  Acts  of  1913,  provides  as  follows  :- 
SECTION  1.     The  city  council  of  a  city  and  the  select-  cities  and 

„  J        .  ,  . J       ,  towns  may  pro- 

men  01  a  town  may  provide  meals  or  lunches  free  or  at  vide  free  meals 

such  price,  not  exceeding  the  cost,  as  they  may  fix,  for 
children  attending  its  public  schools,  and  cities  and  towns 
may  appropriate  money  for  this  purpose. 

SECTION  2.    This  act  shall  be  submitted  to  the  voters  of  m^°dbtosul> 
any  city  or  town  at  the  municipal  election  in  any  year  if  voters. 
a  petition  to  that  effect,  signed  by  not  less  than  five  per 
cent  of  the  voters,  is  filed  with  the  city  clerk  or  town  clerk, 
as  the  case  may  be,  not  less  than  one  month  before  said 
election;    and  if  accepted  by  a   majority  of  the   voters 
voting  thereon  it  shall  take  effect  in  such  city  or  town. 
Otherwise  this  act  shall  not  take  effect. 

MAINTENANCE    OF    DENTAL    DISPENSARIES    AUTHORIZED 

IN  CITIES  AND  TOWNS. 

Chapter  677,  Acts  of  1914,  provides  as  follows :- 
Any  city  or  town  is  hereby  authorized  to  establish  and  £^n1mnady 

maintain  one  or  more  dental  dispensaries  for  children  of  maintain  dental 

T_       i  i       j?         i  •          i      -i  <»  i  dispensaries 

school  age,  the  tunas  appropriated  therefor  to  be  expended  for  children, 
upon  such  terms  and  conditions  and  under  such  regula- 
tions as  the  local  board  of  health  of  the  city  or  town  may 
from  time  to  time  prescribe. 


92  PUBLIC  INSTRUCTION.        [Chap.  832. 


RETIREMENT    SYSTEM    FOR    PUBLIC    SCHOOL 
TEACHERS. 

[Chapter  832,  Acts  of  1913.] 

AN  ACT  TO  ESTABLISH  A  RETIREMENT  SYSTEM  FOR  PUBLIC 
SCHOOL  TEACHERS. 

CONSTRUCTION. 

?nd1£ms°rd9  SECTION  1.  The  following  words  and  phrases  as  used 
in  this  act,  unless  a  different  meaning  is  plainly  required 
by  the  context,  shall  have  the  following  meanings :  — 

(1)  "Retirement  system"  shall  mean  the  arrangement 
provided  in  this  act  for  payment  of  annuities  and  pensions 
to  teachers. 

(2)  "Annuities"  shall  mean  payments  for  life  derived 
from  contributions  from  teachers. 

(3)  "Pensions"   shall  mean  payments  for  life  derived 
from  contributions  from  the  commonwealth. 

(4)  "Teacher"  shall  mean  any  teacher,  principal,  super- 
visor or  superintendent  employed  by  a  school  committee, 
or  board  of  trustees,  in  a  public  day  school  within  the 
commonwealth. 

(5)  "Public  school"   shall  mean  any  day  school  con- 
ducted   within  this  commonwealth  under  the  order  and 
superintendence  of  a  duly  elected  school  committee  and 
also  any  day  school  conducted  under  the  provisions   of 
chapter  four  hundred  and  seventy-one  of  the  acts  of  the 
year  nineteen  hundred  and  eleven. 

(6)  "Regular  interest"  shall  mean  interest  at  three  per 
cent  per  annum,  compounded  annually  on  the  last  day  of 
December  of  each  year. 

(7)  "Retirement  board"   shall   mean  the  teachers'   re- 
tirement board,  as  provided  in  section  four  of  this  act. 

(8)  "Retirement  association"  shall  mean  the  teachers' 
retirement  association,  as  provided  in  section  three  of  this 
act. 

(9)  "Expense  fund"  shall  mean  the  fund  provided  for 
in  paragraph  numbered  one  in  section  five  of  this  act. 

(10)  "Annuity  fund"  shall  mean  the  fund  provided  for 
in  paragraph  numbered  two  in  section  five  of  this  act. 

(11)  "Pension  fund"  shall  mean  the  fund  provided  for 
in  paragraph  numbered  three  in  section  five  of  this  act. 


Chap.  832.]    RETIREMENT  SYSTEM,   ETC.  93 

(12)  "School  year"  shall  mean  the  twelve  months  from 
the  first  day  of  July  of  any  year  to  the  thirtieth  day  of 
June  next  succeeding. 

(13)  "Assessments"  shall  mean  the  annual  payments  to 
the  annuity  fund  by  members  of  the  association. 

ESTABLISHMENT   OF   A   TEACHERS'    RETIREMENT   SYSTEM. 

SECTION  2.     A    teachers'    retirement    system    shall    be  Teachers' retire- 
established  on  the  first  day  of  July,  nineteen  hundred  and  StabiShed™ 
fourteen. 

TEACHERS'  RETIREMENT  ASSOCIATION. 

SECTION  3.     A  teachers'  retirement  association  shall  be  Organization, 
organized   among  the  teachers  in  the  public  schools  as 
follows :  — 

(1)  All  teachers,  except  those  specified  in  paragraph  (3) 
of  this  section,  who  enter  the  service  of  the  public  schools 
for  the  first  time  on  or  after  July  first,  nineteen  hundred 
and  fourteen,  shall  become  thereby  members  of  the  associ- 
ation. 

(2)  All  teachers,  except  those  specified  in  paragraph  (3) 
of  this  section,  who  shall  have  entered  the  service  of  the 
public  schools  before  June  thirtieth,  nineteen  hundred  and 
fourteen,  may  at  any  time  between  July  first,  nineteen 
hundred  and  fourteen,  and  September  thirtieth,  nineteen 
hundred  and  fourteen,  upon  application  in  writing  to  the 
commissioner  of  education,  become  members  of  the  retire- 
ment association.    Any  teacher  failing  to  do  so  may  there- 
after become  a  member  of  the  retirement  board  by  paying 
an  amount  equal  to  the  total  assessments,  together  with 
regular  interest  thereon,  that  he  would  have  paid  if  he 
had    joined    the    retirement    association    on    September 
thirtieth,  nineteen  hundred  and  fourteen. 

(3)  Teachers   in  the   service   of  the  public   schools   of 
the  city  of  Boston  shall  not  be  included  as  members  of 
the  retirement  association. 1 

STATE  TEACHERS'  RETIREMENT  BOARD. 

SECTION  4.     (1)  The    management    of    the    retirement 

system  is  hereby  vested  in  the  teachers'  retirement  board, 

consisting  of  seven  members:   the  insurance  commissioner 

for  the  commonwealth,   the   bank  commissioner  for  the 

1  Modified  for  industrial  and  continuation  school  teachers,  by  chapter  494,  Acts  of 
1914,  see  page  103  of  this  pamphlet. 


94  PUBLIC  INSTRUCTION.        [Chap.  832. 

commonwealth,  the  commissioner  of  education  for  the  com- 
monwealth, three  members  of  the  retirement  association 
and  one  other  person.  Upon  organization  of  the  retire- 
ment association  the  members  thereof  shall  elect  from 
among  their  number  in  a  manner  to  be  approved  by  the 
insurance  commissioner,  the  bank  commissioner  and  the 
commissioner  of  education,  three  persons  to  serve  upon 
the  retirement  board,  one  member  to  serve  for  one  year, 
one  for  two  years  and  one  for  three  years,  and  thereafter 
the  members  of  the  retirement  association  shall  elect 
annually  from  among  their  number  in  a  manner  to  be 
approved  by  the  retirement  board  one  person  to  serve 
upon  the  retirement  board  for  the  term  of  three  years. 
The  seventh  member  of  the  retirement  board  shall  be 
elected  annually  by  the  other  six  to  serve  for  the  term  of 
one  year.  On  a  vacancy  occurring  on  the  board,  a  suc- 
cessor of  such  person  whose  place  has  become  vacant  shall 
be  chosen  in  the  same  manner  as  his  predecessor  to  serve 
until  the  next  annual  election.  Until  the  organization  of 
the  retirement  association  and  the  election  of  three  rep- 
resentatives therefrom,  the  insurance  commissioner,  the 
bank  commissioner  and  the  commissioner  of  education 
shall  be  empowered  to  perform  the  duties  of  the  retire- 
ment board. 

(2)  The  members  of  the  retirement  board  shall  serve 
without  compensation,  but  they  shall  be  reimbursed  from 
the  expense  fund  of  the  retirement  association  for  any 
expenditures  or  loss  of  salary  or  wages  which  they  may 
incur  through  serving  on  the  board.    All  claims  for  reim- 
bursement on  this  account  shall  be  subject  to  the  approval 
of  the  governor  and  council. 

(3)  The  retirement  board   shall  have  power  to  make 
by-laws  and    regulations  not  inconsistent  with  the  pro- 
visions of  this  act;    and  to  employ  a  secretary  who  shall 
give  a  bond  in  such  amount  as  the  board  shall  approve, 
and  clerical  and  other  assistance  as  may  be  necessary. 
The  salaries  shall  be  fixed  by  the  board,  with  the  approval 
of  the  governor  and  council. 

(4)  The  retirement  board  shall  provide  for  the  payment 
of  retirement  allowances  and  such  other  expenditures  as 
are  required  by  the  provisions  of  this  act. 

(5)  The  retirement  board  shall  adopt  for  the  retirement 
system  one  or  more  mortality  tables,  and  shall  determine 
what  rates  of  interest  shall  be  established  in  connection 


Chap.  832.]     RETIREMENT   SYSTEM,    ETC.  95 

with  such  tables,  and  may  later  modify  such  tables  or 
prescribe  other  tables  to  represent  more  accurately  the 
expense  of  the  retirement  system  or  may  change  such  rates 
of  interest,  and  may  determine  the  application  of  the 
changes  made. 

(6)  The  retirement  board  shall  perform  such  other  func- 
tions as  are  required  for  the  execution  of  the  provisions  of 
this  act. 

CREATION   OF  FUNDS. 

SECTION  5.  The  funds  of  the  retirement  system  shall 
consist  of  an  expense  fund,  an  annuity  fund  and  a  pension 
fund. 

(1)  The  expense  fund  shall  consist  of  such  amounts  as  Expense  fund, 
shall  be  appropriated  by  the  general  court  from  year  to 

year  on  estimates  submitted  by  the  retirement  board  to 
defray  the  expense  of  the  administration  of  this  act, 
exclusive  of  the  payment,  of  retirement  allowances. 

(2)  The  annuity  fund  shall  consist  of  assessments  paid  Annuity  fund, 
by  members  of  the  retirement  association,   and  interest 
derived   from   investments   of   the   annuity   fund.     Each 
member  of  the  retirement  association  shall  pay  into  the 
annuity  fund,  by  deduction  from  his  salary  in  the  manner 
provided  in  section  nine,  paragraph  five,  of  this  act,  such 
assessments  upon  his  salary  as  may  be  determined  by  the 
retirement  board.    The  rate  of  assessment  shall  be  estab-  Rate  of 
lished  by  the  retirement  board  on  the  first  day  of  July  of  M 

each  year  after  a  prior  notice  of  at  least  three  months,  and 
shall  at  any  given  time  be  uniform  for  all  members  of  the 
retirement  association,  and  shall  not  be  less  than  three  per 
cent  nor  more  than  seven  per  cent  of  the  member's 
salary:  provided,  however,  that  when  the  total  sum  of 
assessments  on  the  salary  of  any  member  at  the  rate 
established  by  the  retirement  board  would  amount  to 
more  than  one  hundred  dollars  or  less  than  thirty-five 
dollars  for  any  school  year,  such  member  shall  in  lieu  of 
assessments  at  the  regular  rate  be  assessed  one  hundred 
dollars  a  year  or  thirty-five  dollars  a  year  as  the  case  may 
be,  payable  in  equal  instalments  to  be  assessed  for  the 
number  of  months  during  which  the  schools  of  the  com- 
munity in  which  such  member  is  employed  are  commonly 
in  session.  Any  member  of  the  retirement  association  who 
shall  for  thirty  years  have  paid  regular  assessments  to 
the  annuity  fund  as  provided  herein,  shall  be  exempt  from 


96 


PUBLIC  INSTRUCTION.        [Chap.  832. 


Pension  fund. 


Age  at  which 
members  may 
be  retired. 


Payment  of 

retirement 

allowances. 


further  assessments;  but  such  member  may  thereafter, 
if  he  so  elects,  continue  to  pay  his  assessments  to  the 
fund.  No  member  so  electing  shall  pay  further  assess- 
ments after  the  total  sum  of  assessments  paid  by  him 
shall  at  any  time  have  amounted,  with  regular  interest,  to 
a  sum  sufficient  to  purchase  an  annuity  of  five  hundred 
dollars  at  age  sixty;  and  interest  thereafter  accruing  shall 
be  paid  to  the  member  at  the  time  of  his  retirement. 

(3)  The  pension  fund  shall  consist  of  such  amounts  as 
shall  be  appropriated  by  the  general  court  from  time  to 
time  on  estimates  submitted  by  the  retirement  board  for 
the  purpose  of  paying  the  pensions  provided  for  in  this 
act. 

PAYMENT   OF   RETIREMENT   ALLOWANCES. 

SECTION  6.  (1)  Any  member  of  the  retirement  associ- 
ation may  retire  from  service  in  the  public  schools  on 
attaining  the  age  of  sixty  years,  or  at  any  time  thereafter, 
if  incapable  of  rendering  satisfactory  service  as  a  teacher, 
may,  with  the  approval  of  the  retirement  board,  be  retired 
by  the  employing  school  committee. 

(2)  Any  member  of  the  retirement  association,  on  at- 
taining the  age   of  seventy  years,  shall   be  retired  from 
service  in  the  public  schools. 

(3)  A  member  of  the  retirement  association  after  his 
retirement  under  the  provisions  of  paragraphs  numbered 
(1)  or  (2)  of  this  section,  shall  be  entitled  to  receive  from 
the  annuity  fund,  as  he  shall  elect  at  the  time  of  his  re- 
tirement, on  the  basis  of  tables  adopted  by  the  retirement 
board :  —  (a)  an  annuity,  payable  in  quarterly  payments, 
to  which  the  sum  of  his  assessments  under  section  five, 
paragraph  (2),  with  regular  interest  thereon,  shall  entitle 
him;   or,  (6)  an  annuity  of  less  amount,  as  determined  by 
the  retirement  board  for  the  annuitants  electing  such  op- 
tion, payable  in  quarterly  payments,  with  the  provision 
that  if  the  annuitant  dies  before  receiving  payments  equal 
to  the  sum  of  his  assessments  under  section  five,  para- 
graph (2),  with  regular  interest,  at  the  time  of  his  retire- 
ment, the  difference  between  the  total  amount  of  said 
payments  and  the  amount  of  his  contributions  with  regular 
interest  shall  be  paid  to  his  legal  representatives. 

(4)  Any  member  of  the  retirement  association  receiving 
payments  of  an  annuity  as  provided  in  paragraph  num- 
bered (3)   of  this  section  shall,  if  not  rendered  ineligible 


Chap.  832.]    RETIREMENT   SYSTEM,    ETC.  97 

therefor  by  the  provisions  of  section  twelve  of  this  act, 
receive  with  each  quarterly  payment  of  his  annuity  an 
equal  amount  to  be  paid  from  the  pension  fund  as  directed 
by  the  retirement  board. 

(5)  Any  teacher  who  shall  have  become  a  member  of 
the  retirement  association  under  the  provisions  of  para- 
graph numbered  (2)  of  section  three,  and  who  shall  have 
served  fifteen  years  or  more  in  the  public  schools  of  the 
commonwealth,  not  less  than  five  of  which  shall  immedi- 
ately precede  retirement,  shall,  on  retiring  as  provided  in 
paragraphs   (1)    and    (2)    of  this   section,   be   entitled   to 
receive  a  retirement  allowance  as  follows :  —  (a)  such  an- 
nuity and  pension  as  may  be  due  under  the  provisions  of 
paragraphs  numbered  (3)  and  (4)  of  this  section;    (6)  an 
additional  pension  to  such  an  amount  that  the  sum  of 
this  additional  pension  and  the  pension  provided  in  para- 
graph (4)  of  this  section  shall  equal  the  pension  to  which 
he  would  have  been  entitled  under  the  provisions  of  this 
act  if  he  had  paid  thirty  assessments  on  his  average  yearly 
wage  for  the  fifteen  years  preceding  his  retirement  and  at 

the  rate  in  effect  at  the  time  of  his  retirement:  provided,  Provisos. 
(1)  that  if  his  term  of  service  in  the  commonwealth  shall 
have  been  over  thirty  years  the  thirty  assessments  shall 
be  reckoned  as  having  begun  at  the  time  of  his  entering 
service  and  as  drawing  regular  interest  until  the  time  of 
retirement;  and  further  provided,  (2)  that  if  the  sum  of 
such  additional  pension  together  with  the  annuity  and 
pension  provided  for  by  paragraphs  numbered  (3)  and  (4) 
of  this  section  is  less  than  three  hundred  dollars  in  any 
one  year,  an  additional  sum  sufficient  to  make  an  annual 
retirement  allowance  of  three  hundred  dollars  shall  be 
paid  from  the  pension  fund. 

(6)  If  at  any  time  it  is  impossible  or  impracticable  to 
consult  the  original  records  as  to  wages  received  by  a 
member  during   any  period,   the   retirement   board   shall 
determine  the  pension  to  be  paid  under  paragraph  num- 
bered (5)   (6)  of  this  section  in  accordance  with  the  evi- 
dence they  may  be  able  to  obtain. 


WITHDRAWAL   AND   REINSTATEMENT. 

SECTION  7.     (1)  Any  member  of  the  retirement  associ-  withdrawal  and 
ation  withdrawing  from  service  in  the  public  schools  before  rein8tatement- 
becoming  eligible  to  retirement  shall  be  entitled  to  receive 


98  PUBLIC  INSTRUCTION.        [Chap.  832. 

from  the  annuity  fund  all  amounts  contributed  as  assess- 
ments, together  with  regular  interest  thereon,  in  the 
manner  hereinafter  provided. 

(2)  If  such  withdrawal  shall  take  place  before  ten  annual 
assessments  have  been  paid,  the  total  amount  to  which 
such  member  is  entitled  as  determined  by  the  retirement 
board  under  the  provisions  of  this  act  shall  be  paid  to 
him  in  four  annual  instalments. 

(3)  If  such  withdrawal  shall  take  place  after  ten  annual 
assessments  have. been  paid  the  amount  so  refunded  shall 
be  in  the  form  of  such  annuity  for  life  based  on  the  con- 
tributions of  such  member,  together  with  regular  interest 
thereon,  as  may  be  determined  by  the  retirement  board 
according  to  its  annuity  tables,  or  in  four  annual  instal- 
ments, as  such  member  may  elect. 

(4)  If  a  member  of  the  association  withdrawing  and  re- 
ceiving  payments   in   accordance   with   paragraphs   num- 
bered   (2)    and    (3)    of  this   section,   shall   die  before  the 
amount  of  such  payments  equals  the  amount  of  his  con- 
tributions to  the  annuity  fund  with  regular  interest,  the 
difference  between  the  amount  of  such  payments  and  the 
amount  of  his  contributions  with  regular  interest  shall  be 
paid  to  his  legal  representatives. 

(5)  Any  member  of  the  retirement  association  who  shall 
have  withdrawn  from  service  in  the  public  schools  shall, 
on  being  re-employed  in  the  public  schools,  be  reinstated 
in   the   retirement    association    in    accordance    with    such 
plans    for    reinstatement    as    the    retirement    board    shall 
adopt. 

(6)  If  a  member  of  the  retirement  association  shall  die 
before  retirement,  the  full  amount  of  his  contributions  to 
the  annuity  fund  with  regular  interest  to  the  day  of  his 
death  shall  be  paid  to  his  legal  representatives. 


TAXATION,  ATTACHMENTS   AND   ASSIGNMENTS. 

SECTION  8.  That  portion  of  the  salary  or  wages  of  a 
attachment^, '  member  deducted  or  to  be  deducted  under  this  act,  the 
right  of  a  member  to  an  annuity  or  pension,  and  all  his 
rights  in  the  funds  of  the  retirement  system  shall  be 
exempt  from  taxation,  and  from  the  operation  of  any  laws 
relating  to  bankruptcy  or  insolvency,  and  shall  not  be 
attached  or  taken  upon  execution  or  other  process  of  any 
court.  No  assignment  of  any  right  in,  or  to,  said  funds 


committees. 


Chap.  832.]    RETIREMENT   SYSTEM,    ETC.  99 

shall  be  valid.  The  funds  of  the  retirement  system,  so  far 
as  invested  in  personal  property,  shall  be  exempt  from 
taxation. 

DUTIES  OF  THE   SCHOOL   COMMITTEE. 

SECTION  9.     (1)  The   school   committee   of  each   town  Dutiesof school 
and  city  in  the  commonwealth  shall,  before  employing  in 
any  teaching  position  any  person  to  whom  this  act  may 
apply,  notify  such  person  of  his  duties  and  obligations 
under  this  act  as  a  condition  of  his  employment. 

(2)  On  or  before  October  first  of  each  year  the  school 
committee  of  each  town  and  city  in  the  commonwealth 
shall   certify  to   the   retirement  board  the   names  of  all 
teachers  to  whom  this  act  shall  apply. 

(3)  The  school  committee  of  each  town  and  city  in  the 
commonwealth  shall,   on  the  first  day  of  each  calendar 
month,  notify  the  retirement  board  of  the  employment  of 
new  teachers,  removals,  withdrawals,  changes  in  salary  of 
teachers,  that  shall  have  occurred  during  the  month  pre- 
ceding. 

(4)  Under  the   direction   of  the   retirement   board   the 
school  committee  of  each  town  or  city  in  the  common- 
wealth shall  furnish  such  other  information  as  the  board 
may  require  relevant  to  the  discharge  of  the  duties  of  the 
board. 

(5)  The  school  committee  of  each  town  and  city  in  the  . 
commonwealth  shall,  as  directed  by  the  retirement  board, 
deduct  from  the  amount  of  the  salary  due  each  teacher 
employed  in  the  public  schools  of  such  city  or  town  such 
amounts  as  are  due  as  contributions  to  the  annuity  fund 
as  prescribed  in  this  act,  shall  send  to  the  treasurer  of 
said  town  or  city  a  statement  as  voucher  for  such  deduc- 
tions, and  shall  send  a  duplicate  statement  to  the  secre- 
tary of  the  retirement  board. 

(6)  The  school  committee  of  each  town  and  city  in  the 
commonwealth  shall  keep  such  records  as  the  retirement 
board  may  require. 


DUTIES   OF   BOARDS   OF   TRUSTEES. 

SECTION  10.  In  administering  this  act  for  the  benefit 
of  teachers  in  schools  conducted  in  accordance  with  chap- 
ter four  hundred  and  seventy-one  of  the  acts  of  the  year 
nineteen  hundred  and  eleven,  the  boards  of  trustees  of 


100 


PUBLIC  INSTRUCTION.        [Chap.  832. 


Custody  and 
investment  of 
funds. 


said  schools  are  hereby  authorized  and  required  to  per- 
form all  the  duties  prescribed  for  school  committees  under 
this  act. 

CUSTODY  AND   INVESTMENT   OF   FUNDS. 

SECTION  11.  (1)  The  treasurer  of  each  town  or  city 
in  the  commonwealth  on  receipt  from  the  school  com- 
mittee or  board  of  trustees  of  the  voucher  for  deductions 
from  the  teachers'  salaries  provided  for  in  section  nine 
shall  transmit,  monthly,  the  amounts  specified  in  such 
voucher  to  the  secretary  of  the  retirement  board. 

(2)  The  secretary  of  the  retirement  board  shall  monthly 
pay  to  the  treasurer  of  the  commonwealth  all  sums  col- 
lected by  him  under  the  provisions  of  paragraph  (1). 

(3)  All    funds    of    the    retirement    system    shall    be    in 
custody  and  charge  of  the  treasurer  of  the  commonwealth 
and  the  treasurer  shall  invest  such  funds  as  are  not  re- 
quired for  current  disbursements  in  accordance  with  the 
laws  of  the  commonwealth  governing  the  investment  of 
sinking   funds.      He    may,    whenever   he    sells    securities, 
deliver  the  securities  so  sold  upon  receiving  the  proceeds 
thereof,  and  may  execute  any  or  all  documents  necessary 
to  transfer  the  title  thereto. 

(4)  The  treasurer  of  the  commonwealth  shall  make  such 
payments  to  members  of  the  retirement  association  from 
the  annuity  fund  and  pension  fund  as  the  retirement  board 
shall   order  to   be   paid   in   accordance   with   sections   six 
and  seven  of  this  act. 

(5)  On,  or  before,  the  third  Wednesday  in  January,  the 
treasurer  of  the  commonwealth  shall  file  with  the  insur- 
ance commissioner  for  the  commonwealth,  and  with  the 
secretary  of  the  retirement  board,  a  sworn  statement  ex- 
hibiting the  financial  condition  of  the  retirement  system 
on  the  thirty-first  day  of  the  preceding  December  and  its 
financial  transactions  for  the  year  ending  at  such  date. 
Such  statement  shall  be  in  the  form  prescribed  by  the 
retirement  board  and  approved  by  the  insurance  commis- 
sioner. 


Membership  in 
other  retire- 
ment associa- 
tions. 


MEMBERSHIP   IN   OTHER   RETIREMENT   ASSOCIATIONS. 

SECTION  12.  (1)  No  person  required  to  become  a 
member  of  the  association  under  the  provisions  of  para- 
graph (1)  of  section  three  of  this  act  shall  be  entitled  to 
participate  in  the  benefits  of  any  other  teachers'  retire- 


Chap.  832.]     RETIREMENT   SYSTEM,   ETC.  101 

ment  system,  supported  in  whole  or  in  part  by  funds 
raised  by  taxation,  or  to  a  pension  under  the  provisions 
of  chapter  four  hundred  and  ninety-eight  of  the  acts  of 
the  year  nineteen  hundred  and  eight,  or  chapter  five 
hundred  and  eighty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  as  amended  by  chapter  six  hundred 
and  seventeen  of  the  acts  of  the  year  nineteen  hundred 
and  ten. 

(2)  No  member  of  the  retirement  association  shall  be 
eligible  to  receive  any  pension  as  described  in  section  six 
of  this  act,  who  is  at  the  time  in  receipt  of  a  pension 
paid  from  funds  raised  in  whole  or  in  part  from  taxation 
under  the  provisions  of  chapter  four  hundred  and  ninety- 
eight  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
or  chapter  five  hundred  and  eighty-nine  of  the  acts  of 
the  year  nineteen  hundred  and  eight,  as  amended  by  chap- 
ter six  hundred  and  seventeen  of  the  acts  of  the  year 
nineteen  hundred  and  ten,  or  of  any  other  act  providing 
pensions  for  teachers,  providing  that  this  paragraph  shall 
not  be  construed  as  applying  to  the  Boston  Teachers' 
Retirement  Fund  Association. 


REIMBURSEMENT   OF   CITIES   AND   TOWNS. 

SECTION  13.  (1)  Whenever,  after  the  first  day  of  July,  Reimbursement 
nineteen  hundred  and  fourteen,  a  town  or  city  retires  a  towns633 
teacher  who  is  not  eligible  to  a  pension  under  the  provi- 
sions of  section  six,  paragraph  (4)  of  this  act,  and  pays 
to  such  teacher  a  pension  in  accordance  with  chapter  four 
hundred  and  ninety-eight  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  or  chapter  five  hundred  and  eighty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
as  amended  by  chapter  six  hundred  and  seventeen  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  and  the  school 
committee  of  said  town  or  city  certifies  under  oath  to  the 
retirement  board  to  the  amount  of  said  pension,  said  town 
or  city  shall  be  reimbursed  therefor  annually  by  the  com- 
monwealth: provided,  that  no  such  reimbursement  shall  P«>vi«>- 
be  in  excess  of  the  amount,  as  determined  by  the  retire- 
ment board,  to  which  said  teacher  would  have  been  en- 
titled as  a  pension,  had  he  become  a  member  of  the  re- 
tirement association  under  the  provisions  of  section  three, 
paragraph  (2)  of  this  act. 


102 


PUBLIC  INSTRUCTION.        [Chap.  832. 


Enforcement 


(2)  On  or  before  the  first  Wednesday  of  January  of 
each  year,  the  retirement  board  shall  present  to  the  gen- 
eral court,  a  statement  of  the  amount  expended  previous 
to  the  preceding  first  day  of  July  by  cities  and  towns  in 
the  payment  of  pensions  under  the  provisions  of  the  pre- 
ceding paragraph,  for  which  such  cities  and  towns  should 
receive  reimbursement.  On  the  basis  of  such  a  statement, 
the  general  court  may  make  an  appropriation  for  the  reim- 
bursement of  such  cities  and  towns  up  to  such  first  day 
of  July. 

JURISDICTION   OF   COURT. 

SECTION  14.  The  superior  court  shall  have  jurisdic- 
tion in  equity  upon  petition  of  the  insurance  commissioner 
or  of  any  interested  party  to  compel  the  observance  and 
restrain  the  violation  of  this  act,  and  of  the  rules  and  regu- 
lations established  by  the  retirement  board  hereunder. 


petition. 


REFERENDUM   AND   REPEAL. 

SECTION  15.  Upon  the  petition  of  not  less  than  five 
Per  ceirt  °^  the  k£al  v°ters  °f  anv  city  or  town  that  has 
adopted  chapter  four  hundred  and  ninety-eight  :  of  the 
acts  of  the  year  nineteen  hundred  and  eight,  this  question 
shall  be  submitted,  in  case  of  a  city,  to  the  voters  of  such 
city  at  the  next  city  election,  and,  in  case  of  a  town,  to 
the  voters  of  such  town  at  the  next  annual  town  meeting, 
and  the  vote  shall  be  in  answer  to  the  question  to  be 
placed  upon  the  ballot:  "Shall  an  act  passed  by  the  gen- 
eral court  in  the  year  nineteen  hundred  and  eight,  en- 
titled, 'An  Act  to  authorize  cities  and  towns  to  establish 
pension  funds  for  teachers  in  the  public  schools',  be 
repealed?"  and  if  a  majority  of  the  voters  voting  thereon 
at  such  election  or  meeting  shall  vote  in  the  affirmative 
said  act  shall  be  repealed  in  such  city  or  town. 

SECTION  16.  So  much  of  chapter  four  hundred  and 
ninety-eight  1  of  the  acts  of  the  year  nineteen  hundred  and 
eight  as  authorizes  its  submission  to  the  voters  of  a  city 
or  town  for  acceptance  after  the  passage  of  this  act  is 
hereby  repealed. 

SECTION  17.     This  act  shall  take  effect  upon  its  passage. 


1  See  page  193  of  this  pamphlet  for  the  chapter  referred  to. 


RETIREMENT   SYSTEM,   ETC.  103 


CHAPTER  494,  ACTS  OF  1914. 

CERTAIN  TEACHERS  IN  THE  SCHOOLS  OF  THE  CITY  OF 
BOSTON  MAY  BECOME  MEMBERS  OF  THE  STATE 
TEACHERS'  RETIREMENT  ASSOCIATION. 

SECTION  1.  Teachers  employed  by  the  city  of  Boston  Certain  teach- 
prior  to  the  thirtieth  day  of  June,  nineteen  hundred  and  ofBoston  Sfay 
fourteen,  in  schools  operating  under  the  provisions  of 
chapter  four  hundred  and  seventy-one  l  of  the  acts  of 
the  year  nineteen  hundred  and  eleven  and  of  chapter 
eight  hundred  and  five  of  the  acts  of  the  year  nineteen 
hundred  and  thirteen,  may  become  members  of  the 
teachers'  retirement  association,  as  established  by  chap- 
ter eight  hundred  and  thirty-two  2  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen,  in  the  manner  prescribed 
by  paragraph  (2)  of  section  three  of  said  chapter;  and 
all  teachers  employed  in  the  said  schools  for  the  first  time 
after  the  first  day  of  July,  nineteen  hundred  and  four- 
teen, shall  thereby  become  members  of  the  said  retire- 
ment association  as  prescribed  by  paragraph  (1)  of  said 
section  three. 

SECTION  2.     Paragraph    (3)    of    section    three    of    said 
chapter  eight  hundred  and  thirty-two  2  shall  not  be  con-  not  to  appy. 
strued  as  applying  to  the  teachers  described  in  section  one 
of  this  act. 

CHAPTER  498,  ACTS  OF  1908. 

CITIES  AND  TOWNS  AUTHORIZED  TO  ESTABLISH  PENSION 
FUNDS  FOR  TEACHERS  IN  THE  PUBLIC  SCHOOLS. 

SECTION  1.  In  any  city  or  town,  except  the  city  of  Bos-  Pension 
ton,  which  accepts  the  provisions  of  this  act  a  pension  |?ubHc  TC£X>IS. 
fund  shall  be  established  for  the  retirement  of  teachers  in 
the  public  schools.  The  fund  shall  be  derived  from  such 
revenues  as  may  be  devoted  to  the  purpose  by  the  city 
council  of  a  city  or  by  direct  appropriation  by  a  town. 
The  treasurer  of  the  city  or  town  shall  be  the  custodian  of 
the  fund,  and  shall  make  annual  or  semi-annual  payments 
therefrom  to  such  persons  and  of  such  amounts  as  shall  be 
certified  to  him  by  the  school  committee. 

SECTION  2.     The  school  committee  of  any  city  or  town  Retirement  of 
which  shall  accept  the  provisions  of  this  act  may  retire  teachers- etc- 

1  See  pages  74  and  80  of  this  pamphlet  for  chapters  referred  to. 

2  See  page  92  of  this  pamphlet  for  the  chapter  referred  to. 


104 


Acceptance  of 
act. 


When  to  take 
effect. 


PUBLIC  INSTRUCTION.        [Chap.  658. 

from  active  service  and  place  upon  the  pension  roll,  any 
teacher  of  such  city  or  town  who  is  sixty  years  old  or  over, 
or  is,  in  the  judgment  of  said  committee,  incapacitated 
for  useful  service,  and  who  has  faithfully  served  such  city 
or  town  for  twenty-five  years.  The  amount  of  the  annual 
pension  allowed  to  any  person  under  the  provisions  of  this 
act  shall  not  exceed  one  half  of  the  annual  compensation 
received  by  such  person  at  the  time  of  such  retirement  and 
in  no  case  shall  exceed  five  hundred  dollars. 

SECTION  3. l  Upon  the  petition  of  not  less  than  five  per 
cent  of  the  legal  voters  of  any  city  or  town,  this  act  shall 
be  submitted,  in  case  of  a  city,  to  the  voters  of  such  city 
at  the  next  city  election,  and,  in  case  of  a  town,  to  the 
voters  of  such  town  at  the  next  annual  town  meeting,  and 
the  vote  shall  be  in  answer  to  the  question,  to  be  placed 
upon  the  ballot:  —  Shall  an  act  passed  by  the  general 
court  in  the  year  nineteen  hundred  and  eight,  entitled 
"An  Act  to  authorize  cities  and  towns  to  establish  pen- 
sion funds  for  teachers  in  the  public  schools",  be  accepted? 
and  if  a  majority  of  the  voters  voting  thereon  at  such  elec- 
tion or  meeting  shall  vote  in  the  affirmative  this  act  shall 
take  effect  in  such  city  or  town. 

SECTION  4. 1  So  much  of  this  act  as  authorizes  its  sub- 
mission to  the  voters  of  a  city  or  town  shall  take  effect 
upon  its  passage,  but  it  shall  not  take  further  effect  in  any 
city  or  town  until  accepted  by  the  voters  thereof  as  herein 
provided. 


CORRESPONDENCE  SCHOOLS,  AND  OTHER 
LIKE  SCHOOLS. 

[Chapter  658,  Acts  of  1914.] 

AN    ACT    TO    REGULATE    CORRESPONDENCE    AND    OTHER 

LIKE  SCHOOLS. 
Sale  of  stocks,        SECTION  1.     It  shall  be  unlawful  for  anv  person,  firm, 

bonds,  etc.,  by  .    , .  -  i-.ii'  e         i 

correspondence   association  or  corporation  engaged  in  the  business  or  pub- 

regSatecLC"      lishing  or  selling  school  or  text  books  or  doing  business  as 

a  correspondence   school   in  this   commonwealth,  directly 

or  indirectly,  through  its  officers,  agents  or  servants,  to 

sell  stocks,   bonds  or  other  securities,   either  of  its  own 

1  See  sections  15  and  16  of  chapter  832,  Acts  of  1913,  page  102  of  this  pamphlet. 


Chap.  658.]   CORRESPONDENCE  SCHOOLS,  ETC.  105 

company  or  of  other  companies,  until  and  unless  such 
person,  firm,  association  or  corporation  shall  file  with  the 
commissioner  of  corporations  a  copy  of  the  charter  and 
by-laws  of  any  company  whose  stocks,  bonds  or  other 
securities  are  offered  for  sale,  a  detailed  statement,  under 
oath,  of  the  condition  of  the  company,  the  properties 
owned  or  controlled  by  the  company  and  the  condition 
thereof,  and  before  offering  any  such  stocks,  bonds  or 
other  securities  for  sale,  a  statement  showing  in  detail  the 
plan  of  selling  the  stocks,  bonds  or  other  securities,  the 
plan  of  organization  or  increase  of  stock  of  the  company, 
a  copy  of  all  contracts  in  connection  with  such  sales  of 
stocks,  bonds,  or  other  securities,  the  names  and  addresses 
of  all  officers,  proposed  officers  or  promoters  of  the  com- 
pany, and  the  amount  and  price  of  the  said  stock,  and  the 
commission  and  promotion  fees  or  expenses  of  the  or- 
ganization of  the  company.  If  the  commissioner  of  cor- 
porations is  satisfied  that  the  statements  so  furnished  are 
correct  and  complete,  that  the  proposed  sale  or  sales  of 
the  stocks,  bonds  or  other  securities  of  the  company  will 
be  conducted  fairly,  and  that  the  representations  therein 
contained  are  true,  he  shall,  upon  the  payment  of  a  fee  of 
twenty-five  dollars,  issue  a  permit  to  sell  such  stocks, 
bonds  or  other  securities.  Any  person,  firm,  association  Penalty, 
or  corporation  that  violates  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  in  the  house  of  correction,  or 
jail,  for  a  period  of  not  more  than  one  year,  or  by  both 
such  fine  and  imprisonment. 

SECTION  2.  It  shall  be  unlawful  for  any  person,  firm,  False 
association  or  corporation,  engaged  in  the  business  of  pub-  prohibited!100 
lishing  or  selling  school  or  text  books,  or  doing  business  as 
a  correspondence  school,  acting  by  its  officers,  servants  or 
agents,  or  otherwise,  to  make  any  representation  as  to  its 
financial  condition,  or  as  to  the  financial  condition  of  any 
other  company  whose  stocks,  bonds  or  other  securities 
such  person,  firm,  association  or  corporation  is  engaged 
in  selling,  which  representation  is  not  in  accordance  with 
the  truth  and  with  the  charter  and  by-laws  of  such  com- 
pany and  with  the  certificate  of  financial  condition  and 
the  representations  filed  in  accordance  with  the  provisions 
of  section  one  hereof.  Any  person  who  purchases  stocks, 
bonds,  or  other  securities  in  pursuance  or  partly  in  pur- 


106 


PUBLIC  INSTRUCTION.        [Chap.  211. 


Pupa 

defrauded 
may  bring 
action  for 
recovery,  etc. 


All  persons 
doing  business 
as  correspond- 
ence school 
to  conform 
to  law,  etc. 


Penalty. 


suance  of  any  such  representation  may  recover  the  price 
so  paid  in  an  action  of  debt  against  the  person,  firm,  asso- 
ciation or  corporation  making  the  representation. 

SECTION  3.  Any  pupil  in  or  of  any  such  correspondence 
school  who  is  defrauded  by  a  misrepresentation  made  by 
an  officer  or  agent  of,  or  by  any  advertisement  or  circular 
issued  by,  the  school,  or  by  any  person,  firm,  association 
or  corporation  who  or  which  sells  text  books  to  the  said 
school  or  to  the  pupils  thereof,  may  have  an  action  against 
such  school,  person,  firm,  association  or  corporation  for 
recovery  of  three  times  the  amount  paid  by  him  to  such 
school,  person,  firm,  association  or  corporation. 

SECTION  4.  Every  person,  firm,  association  or  corpora- 
tion doing  business  in  this  commonwealth  as  a  correspond- 
ence school  shall  conform  to  the  law  thereto  appertaining, 
and  with  the  rules  and  regulations  established  by  the 
board  of  education. 

SECTION  5.  Violation  of  any  provision  of  sections  two, 
three  or  four  of  this  act,  or  of  any  rule  or  regulation  estab- 
lished by  the  board  of  education  under  authority  hereof, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  for  each  offence. 


SCHOOL  SAVINGS  BANKS. 

[Chapter  211,  Acts  of  1911.] 

AN  ACT  TO  AUTHORIZE  SAVINGS  BANKS  TO  RECEIVE 
DEPOSITS  FROM  SCHOOL  CHILDREN. 

[Section  36  of  chapter  590  of  the  Acts  of  1908,  as 
amended.] 

SECTION  36.  Such  corporation  [any  savings  bank] 
shall  carry  on  its  usual  business  at  its  banking  house  only, 
and  a  deposit  shall  not  be  received  or  payment  on  account 
of  deposits  be  made  by  the  corporation  [any  savings  bank] 
or  by  a  person  on  its  account  in  any  other  place  than  at 
its  banking  house,  which  shall  be  in  the  city  or  town  in 
which  the  corporation  [savings  bank]  is  established;  ex- 
cept that  the  corporation  [savings  bank]  may,  with  the 
written  permission  of  and  under  regulations  approved  by 
the  [bank]  commissioner,  maintain  and  establish  one  or 
more  branch  offices  or  depots,  for  the  receipt  of  deposits 


Chap.  211.]     SCHOOL   SAVINGS   BANKS.  107 

only,  in  the  city  or  town  in  which  its  banking  house  is 
located,  or  in  towns  not  more  than  fifteen  miles  distant 
therefrom  in  which  there  is  no  savings  bank  at  the  time 
when  such  permission  is  given:  provided,  however,  that, 
in  order  to  encourage  saving  among  the  children  in  the 
schools  of  this  commonwealth,  the  corporation  [savings 
bank]  may,  with  the  written  consent  of  and  under  regu- 
lations approved  by  the  [bank]  commissioner  arid,  in  the 
case  of  public  schools,  by  the  [bank]  commissioner  and  the 
school  committee  in  the  city  or  town  in  which  the  school 
is  situated  arrange  for  the  collection  of  savings  from 
the  school  children  by  the  principal  or  teachers  of  such 
schools  or  by  collectors.  All  moneys  so  collected  shall 
be  entered  on  an  individual  deposit  card  furnished  by 
the  corporation  [savings  bank],  but  the  total  collections 
received  by  the  corporation  [savings  bank]  from  any  one 
principal  or  teacher  may  be  entered  in  the  name  of  such 
principal  or  teacher  as  trustee.  When,  however,  the 
amount  deposited  by  any  one  pupil  and  credited  on  the 
deposit  card  equals  the  minimum  amount  upon  which 
interest  is  allowed  the  corporation  [savings  bank]  shall 
issue  a  pass  book  to  such  pupil  and  thereafter,  when  the 
amount  deposited  by  the  pupil  and  credited  on  the  de- 
posit card  equals  the  sum  of  one  dollar,  it  shall  be  trans- 
ferred to  the  deposit  book  by  the  corporation  [savings 
bank].  The  principal,  teacher  or  person  authorized  by 
the  corporation  [savings  bank]  to  make  collections  from 
the  school  children  shall  be  deemed  to  be  the  agent  of  the 
corporation  [savings  bank]  and  the  corporation  [savings 
bank]  shall  be  liable  to  the  pupil  for  all  deposits  made 
with  such  principal,  teacher  or  other  person  and  entered 
upon  the  deposit  card,  the  same  as  if  the  deposit  were 
made  by  the  pupil  directly  with  the  corporation  [savings 
bank].  The  annual  meeting,  and  meetings  of  the  trustees 
or  board  of  investment  of  such  corporation  [savings  bank], 
may  be  held  at  any  place  in  the  city  or  town  in  which  its 
banking  house  is  located. 


108  PUBLIC  INSTRUCTION. 


ADDITIONAL  LAWS   OF   INTEREST   IN   EDUCA- 
TIONAL MATTERS. 

CHAPTER  208.  SECTION  82,  REVISED  LAWS. 

WILFUL  INJURY  TO  SCHOOLHOUSES  OR  PROPERTY. 
W7hoever  wilfully,  intentionally  and  without  right,  or 
wantonly  and  without  cause,  destroys,  defaces,  mars  or 
injures  a  school  house,  church  or  other  building  which 
has  been  erected  or  used  for  purposes  of  education  or 
religious  instruction,  or  for  the  general  diffusion  of  knowl- 
edge, or  an  out-building,  fence,  well  or  appurtenance  of 
such  school  house,  church  or  other  building,  or  furniture, 
apparatus  or  other  property  which  belongs  to  or  is  con- 
nected with  such  school  house,  church  or  other  building, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  not  more  than  one  year. 

CHAPTER  212,  SECTION  20,  REVISED  LAWS,  AS  AMENDED  BY  CHAPTER  120, 
ACTS  OF  1904,  AND  BY  CHAPTER  259,  ACTS  OF  1913. 

PENALTY  IF  UNFIT  PRINTED  MATTER  is  DISTRIBUTED  IN 

SCHOOLS  OR  AMONG  YOUTH. 

Whoever  imports,  prints,  publishes,  sells  or  distributes 
a  book,  pamphlet,  ballad,  printed  paper  or  other  thing 
containing  obscene,  indecent  or  impure  language,  or  mani- 
festly tending  to  corrupt  the  morals  of  youth,  or  an 
obscene,  indecent  or  impure  print,  picture,  figure  or  de- 
scription, manifestly  tending  to  corrupt  the  morals  of 
youth,  or  introduces  into  a  family,  school  or  place  of 
education,  or  buys,  procures,  receives  or  has  in  his  pos- 
session any  such  book,  pamphlet,  ballad,  printed  paper, 
obscene,  indecent  or  impure  print,  picture,  figure,  image 
or  other  thing,  either  for  the  purpose  of  sale,  exhibition, 
loan  or  circulation  or  with  intent  to  introduce  the  same 
into  a  family,  school  or  place  of  education  shall  be  pun- 
ished by  imprisonment  for  not  more  than  two  years  and 
by  a  fine  of  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars. 

CHAPTER  212,  SECTION  32,  REVISED  LAWS. 

DISTURBANCE  OF  SCHOOL. 

Whoever  wilfully  interrupts  or  disturbs  a  school  or 
other  assembly  of  people  met  for  a  lawful  purpose  shall 
be  punished  by  imprisonment  for  not  more  than  thirty 
days,  or  by  a  fine  of  not  more  than  fifty  dollars. 


ADDITIONAL   LAWS,   ETC.  109 


CHAPTER  8,  SECTION  5  (NINTH  PART),  REVISED  LAWS,  AS  AMENDED  BY 
CHAPTER  136,  ACTS  OF  1911. 

LEGAL  HOLIDAYS. 

Ninth.  The  words  "legal  holiday"  shall  include  the 
twenty-second  day  of  February,  the  nineteenth  day  of 
April,  the  thirtieth  day  of  May,  the  fourth  day  of  July, 
the  first  Monday  of  September,  the  twelfth  day  of  Octo- 
ber, Thanksgiving  day  and  Christmas  day,  or  the  day 
following  when  any  of  the  four  days  first  mentioned, 
the  twelfth  day  of  October  or  Christmas  day  occurs  on 
Sunday;  and  the  public  offices  shall  be  closed  on  all  of 
said  days. 

CHAPTER  32,  RESOLVES  OF  1886. 

ESTABLISHMENT  OF  ARBOR  DAY. 

Resolved,  That  his  excellency  the  governor  is  requested 
to  set  apart  in  each  year  the  last  Saturday  in  April  as 
Arbor  Day,  and  to  issue  his  proclamation  recommending 
that  it  be  observed  by  the  people  of  the  Commonwealth 
in  the  planting  of  trees,  shrubs  and  vines,  in  the  promo- 
tion of  forest  growth  and  culture,  in  the  adornment  of 
public  and  private  grounds,  places  and  ways,  and  in  such 
other  efforts  and  undertakings  as  shall  be  in  harmony 
with  the  general  character  of  a  day  so  established. 

CHAPTER  5,  RESOLVES  OF  1911. 

OBSERVANCE  OF  FLAG  DAY. 

Resolved,  That  the  governor  shall  annually  set  apart 
the  fourteenth  day  of  June  as  Flag  Day,  that  date  being 
the  anniversary  of  the  adoption  of  the  national  flag  by  the 
continental  congress  in  the  year  seventeen  hundred  and 
seventy-seven;  and  shall  issue  his  proclamation  recom- 
mending that  the  day  be  observed  by  the  people  of  the 
commonwealth  in  the  display  of  the  flag  and  in  such 
other  ways  as  will  be  in  harmony  with  the  general  char- 
acter of  the  day. 

CHAPTER  668,  ACTS  OF  1913. 

APPOINTMENT  BY  THE  BOARD  OF  FREE  PUBLIC  LIBRARY 
COMMISSIONERS  OF  A  DIRECTOR  OF  EDUCATIONAL 
WORK  FOR  ALIENS,  AUTHORIZED. 

The  board  of  free  public  library  commissioners  may, 
with  the  consent  of  the  governor  and  council,  appoint  an 
agent  or  secretary  to  direct  educational  work  for  the 


110  PUBLIC  INSTRUCTION. 

benefit  of  the  alien  population  of  the  commonwealth,  at 
a  salary  of  such  amount,  not  exceeding  two  thousand 
dollars,  as  the  governor  and  council  may  approve.  The 
said  agent  may  at  any  time  be  removed  from  office  by  a 
majority  vote  of  the  board.  In  case  of  a  vacancy,  tem- 
porary substitutes  may  be  engaged  on  terms  and  condi- 
tions approved  by  the  governor  and  council. 


CHAPTER  481,  ACTS  OF  1912. 

GRANTING  OF  DEGREES  BY  COLLEGES  AND  OTHER  INSTI- 
TUTIONS OF  LEARNING. 

SECTION  1.  (As  amended  by  chapter  56  of  the  Acts  of 
1914-)  On  or  before  the  first  day  of  November,  a  peti- 
tion described  in  section  six1  of  chapter  three  of  the  Re- 
vised Laws  shall  be  deposited  in  the  office  of  the  board  of 
education.  The  board  of  education  shall  transmit  such 
petition  to  the  general  court  during  the  first  week  of  the 
following  session,  together  with  its  recommendations  rela- 
tive thereto. 

SECTION  2.  So  much  of  section  seven  of  chapter  three 
of  the  Revised  Laws  as  is  inconsistent  herewith  is  hereby 
repealed. 

CHAPTER  3,  REVISED  LAWS. 

SECTION  5.  .  .  .  ,  shall  give  notice  of  such  petition  by 
publishing  a  copy  thereof  once  in  each  of  three  successive 
weeks  in  such  newspaper  or  newspapers  as  the  secretary  of 
the  commonwealth,  having  regard  to  the  locality  of  the 
interests  involved  in  such  petition,  shall  direct;  the  last 
publication  to  be  made  at  least  fourteen  days  before  the 
session  at  which  the  petition  is  to  be  presented. 

SECTION  6.  Whoever  intends  to  present  to  the  general 
court  a  petition  for  the  incorporation  of  a  college,  uni- 
versity or  other  educational  institution,  with  power  to 
grant  degrees,  or  for  such  an  amendment  to  the  charter 
of  an  existing  educational  institution  as  will  give  to  it 
power  to  grant  degrees  shall  give  notice  of  such  petition 
by  publishing  a  copy  thereof,  in  the  manner  required  in 
section  five,  in  such  newspaper  or  newspapers  as  [the  sec- 
retary of]  the  board  of  education  shall  direct. 

1  Section  6  and  such  other  sections  or  portions  thereof  as  are  necessary  are  given  for 
convenience  of  reference. 


Chap.  87.]          STATE   SCHOLARSHIPS.  Ill 

SECTION  7. 1  [On  or  before  the  first  day  of  January,]  a 
petition  described  in  section  five  shall  be  deposited  in  the 
office  of  the  secretary  of  the  commonwealth  and  a  petition 
described  in  section  six  shall  be  deposited  in  the  office  of 
[the  secretary  of]  the  board  of  education,  with  proof  of 
publication  satisfactory  to  the  secretary2  with  whom  it  is 
so  deposited,  and  he  shall  transmit  it  to  the  general  court 
during  the  first  week  of  the  session  with  an  endorsement 
that  the  required  publication  has  been  made. 


STATE  SCHOLARSHIPS. 

[Chapter  87,  Resolves  of  1912.] 

WORCESTER  POLYTECHNIC  INSTITUTE. 

RESOLVE   IN   FAVOR   OF   THE   WORCESTER   POLYTECHNIC 

INSTITUTE. 

Resolved,  That  there  shall  annually  be  paid  out  of  the  Worcester 
treasury  of  the  commonwealth  to  the  treasurer  of  the  ESS 
Worcester  Polytechnic  Institute  for  the  term  of  ten  years, 
beginning  with  the  first  day  of  September,  nineteen  hun- 
dred and  twelve,  the  sum  of  fifty  thousand  dollars,  to  be 
expended  under  the  direction  of  the  corporation  of  said 
institute  for  the  general  purposes  of  the  institute:  pro-  Proviso. 
vided,  however,  that  the  payment  for  the  year  nineteen 
hundred  and  seventeen  and  for  the  four  following  years 
shall  be  conditioned  upon  the  presentation  of  satisfactory 
evidence  to  the  governor  and  council  that  the  institute 
has  received  by  bequest  or  gift  from  other  sources  property 
amounting  in  value  to  three  hundred  and  fifty  thousand 
dollars  in  addition  to  the  property  held  by  it  on -the  day 
of  the  approval  of  this  resolve.  In  consideration  of  such 
payment  and  of  the  grant  made  by  chapter  fifty-seven  of 
the  resolves  of  the  year  eighteen  hundred  and  sixty-nine, 
the  Worcester  Polytechnic  Institute  shall  maintain  forty 
free  scholarships,  of  which  each  senatorial  district  in  the 
commonwealth  shall  be  entitled  to  one  full  scholarship, 
if  a  candidate  is  presented  who  is  otherwise  unable  to 
bear  the  expense  of  tuition.  In  case  no  such  candidate 

1  Portions  of  section  7  enclosed  in  brackets  are  superseded  by  section  1  (as  amended) 
of  chapter  481,  Acts  of  1912,  page  110  of  this  pamphlet. 
1  Commissioner  of  Education. 


112 


PUBLIC  INSTRUCTION.         [Chap.  168. 


1911,  Res.  78, 
amended. 


Massachusetts 
Institute  of 
Technology. 


Proviso. 


appears  from  a  senatorial  district,  then  a  candidate  may 
be  selected  from  the  state  at  large  to  fill  the  vacancy,  and 
he  may  continue  to  hold  the  scholarship  annually  until  a 
candidate  is  presented  from  the  senatorial  district  unrep- 
resented. The  scholarships  shall  be  awarded  to  such  pupils 
of  the  public  schools  of  Massachusetts  as  shall  be  found 
upon  examination  to  possess  the  qualifications  prescribed 
for  the  admission  of  students  to  said  institute,  and  as 
shall  be  selected  by  the  board  of  education,  preference  in 
the  award  being  given  only  to  qualified  candidates  other- 
wise unable  to  bear  the  expense  of  tuition.  Chapter  five 
hundred  and  sixty-two  of  the  acts  of  the  year  nineteen 
hundred  and  ten  is  hereby  repealed.  [Approved  April  30, 
1912. 

[Chapter  168,  Acts  of  1912.] 

MASSACHUSETTS  INSTITUTE  OF  TECHNOLOGY. 

AN  ACT  RELATIVE  TO  FREE  SCHOLARSHIPS  TO  BE  MAIN- 
TAINED BY  THE  MASSACHUSETTS  INSTITUTE  OF  TECH- 
NOLOGY. 

Chapter  seventy-eight  of  the  resolves  of  the  year  nine- 
teen hundred  and  eleven  is  hereby  amended  by  inserting 
after  the  word  "districts",  in  the  twenty-eighth  line,  the 
words:  —  If  three  or  more  properly  qualified  candidates 
make  application  from  any  senatorial  district,  the  board 
of  education  shall,  at  the  request  of  the  senator  from  that 
district,  grant  four  half  scholarships,  or  two  half  scholar- 
ships and  one  whole  scholarship,  or  two  whole  scholar- 
ships from  that  district,  —  so  as  to  read  as  follows :  - 
Resolved,  That  there  shall  annually  be  paid  from  the  treas- 
ury of  the  commonwealth  to  the  Massachusetts  Institute 
of  Technology,  for  the  term  of  ten  years,  beginning  with 
the  first  day  of  January  in  the  year  nineteen  hundred  and 
twelve,  the  sum  of  one  hundred  thousand  dollars,  to  be 
expended  under  the  direction  of  the  corporation  of  said 
institute  for  the  general  purposes  of  the  institute:  pro- 
vided, however,  that  the  payment  for  the  year  nineteen 
hundred  and  seventeen  and  for  the  four  following  years 
shall  be  conditioned  upon  the  presentation  of  satisfactory 
evidence  to  the  governor  and  council  that  the  said  Massa- 
chusetts Institute  of  Technology  has  received,  by  bequest 
or  gift  from  other  sources,  the  sum  of  one  million  dollars 
in  addition  to  all  the  funds  held  by  it  on  the  day  of  the 


Chap.  168.]        STATE  SCHOLARSHIPS.  113 

approval  of  this  resolve.  In  consideration  of  the  said  pay- 
ments and  during  the  continuance  thereof,  the  Massachu- 
setts Institute  of  Technology  shall  maintain  eighty  free 
scholarships  to  be  granted  by  the  board  of  education  to 
residents,  or  minor  children  of  residents  of  Massachusetts 
who,  upon  examination  conducted  under  such  rules  and 
regulations  as  the  president  of  the  said  institute  may 
prescribe,  shall  be  found  to  possess  the  qualifications  fixed 
for  the  admission  of  students  to  the  institute.  Two 
such  scholarships  shall  be  available  annually  for  properly 
qualified  candidates  from  each  senatorial  district,  but  if 
there  be  less  than  two  properly  qualified  candidates  in  any 
senatorial  district,  such  number  of  scholarships,  less  in 
amount  than  two  from  each  district,  may  then  be  dis- 
tributed by  the  board  of  education  among  the  other  sena- 
torial districts.  If  three  or  more  properly  qualified  candi- 
dates make  application  from  any  senatorial  district,  the 
board  of  education  shall,  at  the  request  of  the  senator 
from  that  district,  grant  four  half  scholarships,  or  two  half 
scholarships  and  one  whole  scholarship,  or  two  whole 
scholarships  from  that  district.  Candidates  for  these 
scholarships  shall  make  application  to  the  board  of  educa- 
tion before  the  first  day  of  July  in  each  year,  and  shall 
forward  to  that  board  the  approval  in  writing  of  the  sena- 
tor from  the  district  in  which  the  candidate  resides.  In 
awarding  the  scholarships  preference  shall  be  given  to 
properly  qualified  candidates  who  are  otherwise  unable 
to  bear  the  expense  of  tuition. 

All  acts  and  resolves  and  parts  of  acts  and  resolves 
heretofore  passed  authorizing  the  annual  appropriation  of 
funds  by  the  commonwealth  for  the  maintenance  of  free 
or  state  scholarships  in  the  Massachusetts  Institute  of 
Technology,  or  prescribing  the  conditions  under  which 
such  scholarships  shall  be  awarded,  are  hereby  repealed. 

The  Massachusetts  Institute  of  Technology  shall  trans- 
mit each  year  copies  of  the  annual  report  of  its  president 
to  the  general  court. 

The  eighty  half  scholarships  now  in  force,  as  shown  by 
the  records  of  the  Massachusetts  Institute  of  Technology, 
shall  continue  in  full  force  and  effect  until  the  end  of  the 
course  for  which  they  were  given,  after  which  time  all 
future  scholarships  shall  be  filled  under  the  regulations 
and  conditions  herein  prescribed.  [Approved  February  28, 
1912. 


114 


PUBLIC  INSTRUCTION.        [Chap.  655. 


CHAPTER  493,  ACTS  OF  1898. 

AN  ACT  RELATIVE  TO  AWARDING  STATE  SCHOLARSHIPS  IN 
THE  MASSACHUSETTS  INSTITUTE  OF  TECHNOLOGY  AND 
IN  THE  WORCESTER  POLYTECHNIC  INSTITUTE. 

SECTION  1.  The  state  board  of  education  may  in  its 
discretion  award  that  any  free  scholarship  which  [either 
the  Massachusetts  Institute  of  Technology  or]  the  Worces- 
ter Polytechnic  Institute  is  required  to  maintain  under  the 
provisions,  respectively,  of  chapters  [three  hundred  and 
ten]  and  four  hundred  and  seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-six, 1  shall  be  divided  between 
two  pupils.  The  scholarships  so  divided  shall  be  called  half 
scholarships;  and  neither  of  said  institutions  shall  require 
from  any  pupil  to  whom  a  half  scholarship  has  been 
awarded  payment  of  more  than  one  half  of  the  regular  charge 
or  fee  for  tuition  paid  by  pupils  not  holding  scholarships. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 

(The  parts  in  brackets  in  the  above  section  are  superseded  by  chapter 
168,  Acts  of  1912,  page  112  of  this  pamphlet.) 


CONSTRUCTION  OF  BUILDINGS. 

[Chapter  655,  Acts  of  1913.] 
AN  ACT  TO  REVISE  AND  CODIFY  THE  BUILDING  INSPECTION 

LAWS  OF  THE  COMMONWEALTH. 


SECTION  11.  If  a  schoolhouse  in  a  city  has  not  been 
JSd  with  provided  with  a  safe  and  proper  egress  or  other  means  of 
escape  from  fir6j  as  required  by  this  act,  within  six  months 
after  the  written  notice  provided  for  in  section  twenty- 
eight  of  this  act,  the  mayor,  for  the  purpose  of  conforming 
to  the  provisions  of  this  act  relative  to  egresses  or  other 
means  of  escape  from  fire  in  schoolhouses,  may,  upon  peti- 
tion of  one  hundred  citizens  or  taxpayers  in  such  city, 
authorize  the  expenditure  upon  such  schoolhouse  of  not 
more  than  fifteen  per  cent  of  the  cost  thereof,  payable 
from  any  money  in  the  treasury  of  that  city  which  is  not 
otherwise  appropriated. 


Construction 


etc. 


SECTION  15.     No  building  which  is  designed  to  be  used, 
in  whole  or  in  part,  and  no  building  in  which  alteration 


Chap.  655.]    CONSTRUCTION  OF  BUILDINGS.  115 

shall  be  made  for  the  purpose  of  using  it,  or  continuing 
its  use,  in  whole  or  in  part,  as  a  public  building,  public 
or  private  institution,  schoolhouse,  church,  theatre,  special 
hall,  public  hall,  miscellaneous  hall,  place  of  assemblage 
or  place  of  public  resort,  or  as  a  factory,  workshop  or 
mercantile  or  other  establishment  and  to  have  accommo- 
dations for  ten  or  more  employees,  and  no  building  more 
than  two  stories  in  height  designed  to  be  used  above  the 
second  story,  in  whole  or  in  part,  and  no  building  more 
than  two  stories  in  height  in  which  alteration  shall  be 
made  for  the  purpose  of  using  it,  or  continuing  its  use, 
in  whole  or  in  part,  as  an  office  building,  dormitory,  hotel, 
family  hotel,  apartment  house,  boarding  house,  lodging 
house  or  tenement  house,  and  to  have  eight  or  more  rooms 
above  said  story,  shall  be  erected,  and  no  alteration  shall 
be  made  therein,  until  a  copy  of  the  plans  and  specifica- 
tions thereof  has  been  deposited  with  the  supervisor  of 
plans  of  the  building  inspection  department  of  the  district 
police  by  the  person  causing  its  erection  or  alteration  or 
by  the  architect  thereof.  Such  plans  and  specifications 
shall  include  those  for  heating,  ventilation  and  sanitation, 
as  the  supervisor  of  plans  may  require.  Such  building 
shall  not  be  so  erected  or  altered  without  sufficient  egresses 
and  other  means  of  escape  from  fire,  properly  located  and 
constructed.  The  supervisor  of  plans  may  require  that 
stairways  shall  be  enclosed,  that  they  shall  have  suitable 
landings,  that  they  shall  be  provided  with  hand-rails, 
that  egress  doors  and  windows  shall  open  outward  and 
have  approved  hardware,  that  places  of  egress  shall  be 
properly  lighted  and  designated,  and  that  proper  fire 
stops  shall  be  provided  in  the  floors,  walls,  partitions  and 
stairways  of  such  building.  He  may  make  such  further 
requirements  as  may  be  necessary  to  prevent  the  spread 
of  fire,  or  its  communication  from  any  steam  boiler  or 
heating  apparatus  therein.  The  certificate  of  approval  of  Certificate 
the  supervisor  of  plans  of  such  plans  and  specifications,  ofappro 
endorsed  with  the  approval  of  the  deputy  chief  of  the 
building  inspection  department  of  the  district  police,  or 
a  specification  of  requirements  necessary  for  compliance 
with  the  provisions  of  this  act,  set  forth  in  detail  and  so 
endorsed,  shall  be  issued  to  the  person  causing  its  erection 
or  alteration,  or  to  the  architect  thereof,  and  a  copy  of 
the  same,  together  with  the  plans,  shall  then  be  turned 
over  to  the  inspector  in  whose  district  the  building  is  to 


116 


PUBLIC  INSTRUCTION.        [Chap.  655. 


Buildings  to 
be  provided 
with  fire 
escapes,  etc. 


be  erected  or  altered,  who  shall  enforce  the  requirements 
thereof  and  supervise  such  erection  or  alteration.  After 
a  certificate  of  approval,  or  a  specification  of  requirement, 
has  been  issued,  no  change  shall  be  made  in  the  plans 
or  specification,  or  in  the  building,  without  the  permission 
in  writing  of  the  supervisor  of  plans. 

SECTION  20.  A  building  which  is  used,  in  whole  or  in 
part,  as  a  public  building,  public  or  private  institution, 
schoolhouse,  church,  theatre,  special  hall,  public  hall,  mis- 
cellaneous hall,  place  of  assemblage,  or  place  of  public 
resort,  and  a  building  in  which  ten  or  more  persons  are 
employed  in  a  factory,  workshop,  mercantile  or  other 
establishment,  and  an  office  building,  dormitory,  hotel, 
family  hotel,  apartment  house,  boarding  house,  lodging 
house  or  tenement  house  which  has  eight  or  more  rooms  or 
in  which  ten  or  more  persons  are  accommodated  or  lodged 
or  reside  above  the  second  story,  the  owner,  lessee  or 
occupant  of  which  is  notified  in  writing  by  an  inspector 
that  the  provisions  of  this  act  are  deemed  by  him  appli- 
cable thereto,  shall  be  provided  with  proper  egresses  or 
other  means  of  escape  from  fire,  sufficient  for  the  use  of  all 
persons  accommodated,  assembled,  employed,  lodged  or 
resident  therein;  but  no  owner,  lessee  or  occupant  of  such 
building  shall  be  deemed  to  have  violated  this  provision 
unless  he  has  been  notified  in  writing  by  such  inspector 
what  additional  egresses  or  means  of  escape  from  fire  are 
necessary  and  has  neglected  for  thirty  days,  or  has  refused, 
to  provide  the  same.  The  egresses  and  means  of  escape 
shall  be  kept  unobstructed,  in  good  repair  and  ready  for 
use,  and,  if  the  inspector  so  directs  in  writing,  every  such 
egress  shall  be  properly  lighted  and  provided  with  a  sign 
having  on  it  the  word  "Exit"  in  letters  not  less  than  five 
inches  in  height,  and  so  made  and  placed  as  plainly  to 
indicate  to  persons  within  the  building  the  location  of 
such  egresses,  stairways  shall  have  suitable  hand-rails, 
egress  doors  and  windows  shall  open  outwardly,  and 
women  or  children  shall  not  be  employed,  in  a  factory, 
workshop,  mercantile  or  other  establishment,  in  a  room 
above  the  second  story  from  which  there  is  only  one 
egress.  The  certificate  of  the  inspector  shall  be  con- 
clusive evidence  of  a  compliance  with  the  said  require- 
ments. Portable  seats  shall  not  be  allowed  in  the  aisles 
or  passageways  of  such  buildings  during  any  service  or 


CONSTRUCTION   OFBUILDINGS.        Chap.  655.]  117 

entertainment  held  therein.  Stairways  on  the  outside  of 
the  building  shall  have  suitable  railed  landings  at  each 
story  above  the  first,  accessible  at  each  story  from  doors 
or  windows,  and  such  landings,  doors  and  windows  shall 
be  kept  clear  of  ice,  snow  and  other  obstructions. 

SECTION  21.     The  basement  and  each  story  of  a  build-  StLguWnw, 
ing  which  is  subject  to  the  provisions  of  the  preceding  etc< 
section  shall  be  supplied  with  means  of  extinguishing  fire, 
consisting  of  a  hose  attached  to  a  suitable  water  supply 
and  capable  of  reaching  any  part  of  such  basement  or 
story,  or  of  such  portable  apparatus  as  the  inspector  shall 
direct;    and  such  appliances  shall  be  kept  at  all  times 
ready  for  use  and  in  good  condition. 

SECTION  22.     No  wooden  flue  or  air  duct  for  heating  or  wooden  flues, 

, .,    , .  iTii  IT  in  •      etc.,  prohibited. 

ventilating  purposes  shall  be  placed,  or  shall  remain 
placed,  in  any  building  which  is  subject  to  the  provisions 
of  sections  fifteen  and  twenty  of  this  act,  and  no  pipe  for 
conveying  hot  air  or  steam  in  such  building  shall  be 
placed,  or  shall  remain  placed,  within  one  inch  of  any  wood- 
work, unless  protected  to  the  satisfaction  of  the  inspector 
by  suitable  guards  or  casings  of  incombustible  material. 

SECTION  27.     If  any  change  in  the  use  or  otherwise  shall  SanS  in  the 
be  made  upon  premises  for  which  such  certificate  has  been  g21fing)  etc. 
issued  which  would  render  the  certificate  void,  according 
to  the  provisions  of  section  twenty  of  this  act,  the  person 
who    makes    such    change    shall    forthwith    give    written 
notice  thereof  to  an  inspector  for  the  district  or  to  the 
chief  of  the  district  police. 

SECTION  28.     If  an  inspector  finds  that  any  building  Notice  of 
or  part  thereof  which  is  subject  to  the  provisions  of  this  Snform?etc. 
act  fails  to  conform  thereto,  or  if  any  change  is  made 
therein  which  would  render  a  certificate  void  according 
to  the  provisions  of  section  twenty  of  this  act,  he  shall 
give  notice  in  writing  to  the  owner,  lessee,  occupant  or 
agent  in  charge  thereof,   specifying  such  additional  pro- 
visions, egresses  or  other  means  of  escape  from  fire  as  in 
his  opinion  may  be  necessary  to  make  it  conform  to  the 
provisions  of  this  act  and  to  obtain  a  certificate  as  afore- 
said;   and  any  such  owner,  lessee,  occupant  or  agent  in  Penalty, 
charge  thereof,  failing  to  comply  with  such  notice  for  a 
period  of  thirty  days,  may  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  one  thousand  dollars. 


118 


PUBLIC  INSTRUCTION.        [Chap.  655. 


"Miscella- 
neous hall," 
defined. 


Ventilation 
and  sanitation. 


Terms 
defined. 


SECTION  39.  The  term  "miscellaneous  hall"  shall  mean 
a  building  or  part  of  a  building  containing  an  audience  or 
assembly  hall  capable  of  seating  not  more  than  four  hun- 
dred persons,  a  society  hall,  or  a  hall  in  a  public  or  private 
school  building.  The  certificate  of  the  inspector  shall  be 
conclusive  evidence  of  a  compliance  with  the  provisions  of 
this  act  for  such  use  of  a  hall  as  he  shall  set  forth  in 
detail  in  the  certificate,  and  shall  be  conspicuously  posted 
near  the  main  entrance  of  the  hall. 

SECTION  40.  Every  public  building  and  every  school- 
house  shall  be  kept  clean  and  free  from  effluvia  arising 
from  any  drain,  privy  or  nuisance,  shall  be  provided  with 
a  sufficient  number  of  proper  water  closets,  earth  closets, 
or  privies,  and  shall  be  ventilated  in  such  a  manner  that 
the  air  shall  not  become  so  impure  as  to  be  injurious  to 
health.  If  it  appears  to  an  inspector  that  further  or 
different  heating,  ventilating  or  sanitary  provisions  are 
required  in  any  public  building  or  schoolhouse,  in  order 
to  conform  to  the  requirements  of  this  section,  and  that 
such  requirement  can  be  provided  without  unreasonable 
expense,  he  may  issue  a  written  order  to  the  proper  person 
or  authority,  directing  such  heating,  ventilating  or  sani- 
tary provisions  to  be  provided.  A  school  committee, 
public  officer,  or  person  who  has  charge  of,  owns,  or  leases 
any  such  public  building  or  schoolhouse,  who  neglects  for 
four  weeks  to  comply  with  the  order  of  such  inspector 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars.  The  state  inspectors  of  health  or  such  other 
officers  as  the  state  board  of  health  may  from  time  to 
time  appoint  shall  make  such  examinations  of  school  build- 
ings as  in  the  opinion  of  said  board  the  protection  of  the 
health  of  the  pupils  may  require. 

SECTION  41.  In  the  preceding  section,  "public  build- 
ing" shall  mean  any  building  or  part  thereof  used  as  a 
public  or  private  institution,  church,  theatre,  special  hall, 
public  hall,  miscellaneous  hall,  place  of  assemblage  or 
place  of  public  resort,  and  "schoolhouse"  shall  mean  any 
building  or  part  thereof  in  which  public  or  private  instruc- 
tion is  afforded  to  more  than  ten  pupils  at  one  time.  • 


Time  of 
taking  effect. 


SECTION  62.     This  act  shall  take  effect  on  the  first  day 
of  November,  nineteen  hundred  and  thirteen. 


Chap.  835.]        SCHOOL   COMMITTEES.  119 


CANDIDATES  FOR,  AND  ELECTION  OF, 
SCHOOL  COMMITTEES. 

[Chapter  835,  Acts  of  1913.] 

SECTION  13.  (As  amended  by  chapter  345,  Acts  of 
1914-}  Every  female  citizen  having  the  qualifications  of  voters 
a  male  voter  required  by  the  preceding  section  may  have 
her  name  entered  upon  the  list  of  voters  for  school  com- 
mittee, and  shall  have  the  right  to  vote  for  the  nomination 
and  election  of  members  of  the  school  committee  upon 
complying  with  the  requirements  hereinafter  set  forth. 


SECTION  133.  (As  amended  by  chaptei  345,  Acts  of 
1914-}  -  -  -  Every  nomination  paper  shall  state,  in  addi-  contents,  etc. 
tion  to  the  name  of  the  candidate,  (1)  his  residence,  with 
the  street  and  number  thereof,  if  any,  (2)  the  office  for 
which  he  is  nominated,  (3)  the  political  or  municipal 
party  which  he  represents,  and  the  paper  may  state,  in 
not  more  than  eight  words,  the  occupation  of  the  candi- 
date, the  public  offices  which  he  has  held,  or  that  he  is  a 
candidate  for  renomination,  provided  he  is  at  the  time  an 
incumbent  of  the  office  for  which  he  seeks  renomination 
for  another  term,  but  not  otherwise.  Every  voter  who  signatures. 
signs  such  paper  shall  sign  it  in  person,  with  his  full 
surname,  his  Christian  name,  and  the  initial  of  every 
other  name  which  he  may  have,  and  shall  state  his  resi- 
dence of  the  previous  first  day  of  April,  as  well  as  the 
place  where  he  is  then  living,  with  the  street  and  number 
thereof;  but  any  voter  who  is  prevented  by  physical 
disability  from  writing,  or  who  had  the  right  to  vote  on 
the  first  day  of  May  in  the  year  eighteen  hundred  and 
fifty-seven,  may  authorize  some  person  to  write  his  name 
and  residence  in  his  presence;  and  every  voter  may  sign 
as  many  nomination  papers  for  each  office  to  be  filled  as 
there  are  persons  to  be  nominated  for  or  elected  thereto, 
and  no  more.  Women  who  are  qualified  to  vote  may  sign 
nomination  papers  for  candidates  for  members  of  the 
school  committee,  to  be  voted  for  at  primaries,  and  shall 
be  subject  to  all  the  provisions  of  law  relating  to  such 
nomination'papers.  .  .  . 


120 


PUBLIC  INSTRUCTION.        [Chap.  835. 


School 
committee. 


Women  eligible 
for  certain 
officers. 


SECTION  400.  .  .  .  The  town  shall  likewise  at  its  annual 
meeting  choose  from  the  inhabitants  thereof  members  of 
the  school  committee,  which  committee  shall  consist  of 
any  number  of  persons  divisible  by  three  which  the  town 
has  decided  to  elect,  one  third  thereof  to  be  elected  an- 
nually, for  the  term  of  three  years.  If  a  town  fails  or 
neglects  to  choose  such  committee,  an  election  at  a  sub- 
sequent meeting  shall  be  valid.  Where  official  ballots 
are  used  the  number  to  be  so  elected  shall  be  determined 
at  a  meeting  held  at  least  thirty  days  before  the  annual 
town  meeting.  A  town  may,  at  an  annual  meeting,  if 
official  ballots  are  not  used,  otherwise  at  a  meeting  held 
at  least  thirty  days  before  the  annual  meeting  at  which 
such  change  is  to  become  operative,  vote  to  increase 
or  diminish  the  number  of  its  school  committee.  Such 
increase  shall  be  made  by  adding  one  or  more  to  each 
class,  to  hold  office  according  to  the  tenure  of  the  class  to 
which  they  are  severally  chosen.  Such  diminution  shall 
be  made  by  choosing,  annually,  such  number  as  will  in 
three  years  effect  it,  and  a  vote  to  diminish  shall  remain 
in  force  until  the  diminution  under  it  is  accomplished. 

Women  shall  be  eligible  as  overseers  of  the  poor  and 
school  committee. 


manne?^fers'        SECTION  411.     The  election  of  town  clerk,   selectmen, 
election.  assessors,  overseers  of  the  poor,  town  treasurer,  auditor, 

collector  of  taxes,  constables,  road  commissioners,  sewer 
commissioners,  board  of  health  and  school  committee 
shall  be  by  ballot;  and  the  election  of  all  other  town 
officers  shall  be  in  such  manner  as  the  town  may  deter- 
mine, unless  otherwise  provided  by  law.  .  .  . 


Ballots  to  be 
sealed  up, 
indorsed,  etc. 


Town  clerk, 
oath,  etc. 


SECTION  413.  If  the  town  clerk,  selectmen,  assessors, 
treasurer,  collector  of  taxes  and  school  committee  are 
voted  for  on  one  ballot,  the  moderator  shall  cause  all  such 
ballots  when  canvassed  and  counted,  and  record  thereof 
has  been  made,  publicly  to  be  enclosed  in  envelopes,  which 
shall  be  sealed  and  indorsed,  and  certified  in  the  manner 
required  by  section  three  hundred  and  four. 

SECTION  414.  A  person  who  is  elected  town  clerk,  if 
present  at  the  meeting,  shall  forthwith  be  sworn,  either 
by  the  moderator  or  by  a  justice  of  the  peace,  and  shall 
at  once  enter  upon  the  performance  of  his  duties.  Every 


Chap.  835.]        SCHOOL   COMMITTEES.  121 


town  officer  designated  by  name  in  section  four  hundred, 
unless  other  provision  is  specifically  made  by  law,  shall  office,  etc. 
enter  upon  the  performance  of  his  duties  on  the  day  after 
his  election  or  as  soon  thereafter  as  he  is  qualified,  and 
shall  hold  office  during  the  term  fixed  by  law,  which  shall 
begin  on  the  day  after  the  annual  meeting,  and  until 
another  person  is  chosen  and  qualified  in  his  stead. 

SECTION  415.    Town    officers   designated    by   name    in  Town  officers, 
section   four   hundred   shall,   before   entering   upon   their  °* 
official  duties,  be  sworn  to  the  faithful  performance  thereof. 
Such  oath  may  be  administered  by  the  moderator  in  open 
town  meeting,  or  by  the  town  clerk.    The  town  clerk  shall  £°J2talerk 
forthwith,    after    the    election    or    appointment    of    town  certain  officers. 
officers  required  to  take  an  oath  of  office,  make  a  list  of 
the  names  of  all  such  officers  not  sworn  by  him  or  by  the 
moderator,  and  deliver  it  with  his  warrant  to  a  constable 
requiring  him  within  three  days  to  summon  each  such 
person  to  appear  and  take  the  oath  of  office  within  seven 
days  after  the  service  of  such  summons  upon  him;    and 
the  constable  shall  within  said  seven  days  make'  return 
thereof  to  the  town  clerk.     Persons  so  summoned,  unless  TO  appear  and 
exempt  by  law  from  holding  the  office,  shall  within  said  ^thhTseven 
seven  days,  take  the  oath  of  office  before  the  town  clerk  days,  etc. 
or  before  a  justice  of  the  peace,  and  file  a  certificate  thereof 
with  the  town  clerk. 

SECTION  420.     No   ballot   shall   be   received   from   any  Ballots  for 
woman  who  votes  for  school  committee  in  a  town  which  fo?Tchoo?tins 
does  not  use  official  ballots  unless  it  has  the  words  "For  committee- 
School    Committee    only'*,    on   the   back   thereof.      Such 
ballots  shall  be  counted  only  in  the  choice  of  members  of 
the  school  committee,  and  for  no  other  office  or  purpose. 

SECTION  429.  If  there  is  a  failure  to  elect,  or  if  a  va-  certain  officers, 
cancy  occurs  in  any  town  office,  other  than  the  offices  of 
selectmen,  town  clerk,  assessor,  treasurer,  collector  of 
taxes  or  auditor,  the  selectmen  shall  in  writing  appoint  a 
person  to  fill  such  vacancy.  If  there  is  a  vacancy  in  a 
board  consisting  of  two  or  more  members,  the  remaining 
members  shall  give  notice  thereof  in  writing  to  the  select- 
men, who,  with  the  remaining  member  or  members  of 
such  board  shall,  after  one  week's  notice,  fill  such  vacancy 
by  ballot.  A  majority  of  the  ballots  of  the  officers  en- 


122 


PUBLIC  INSTRUCTION.        [Chap.  835. 


Vacancies, 
removal  from 
town. 

Proceedings 
at  special 
elections. 


titled  to  vote  shall  be  necessary  to  such  election.  The 
person  so  appointed  or  elected  shall  perform  the  duties 
of  the  office  until  the  next  annual  meeting  or  until  another 
is  chosen  and  qualified. 

SECTION  430.  If  a  person  removes  from  a  town,  he 
shall  thereby  vacate  any  town  office  held  by  him. 

SECTION  431.  The  proceedings  in  an  election  held  by 
reason  of  a  previous  failure  to  elect,  or  to  fill  a  vacancy, 
and  the  qualifications  of  a  person  to  be  elected  or  ap- 
pointed, shall  be  the  same  as  in  an  original  election. 


MASSACHUSETTS. 

CONSTITUTION;   AND 


Duty  of  legis- 
latures and 
magistrates  in 
all  future 
periods.    For 
further  pro- 
visions as  to 
public 
schools,  see 
amendments, 
Art.  XVIII. 
12  Allen,  500, 
508. 

103  Mass.  94, 
97. 


School 

moneys  not 

to  be  applied 

for  sectarian 

schools. 

12  Allen,  500, 

508. 

103  Mass.  94, 

96. 


CONSTITUTION   OF 

EDUCATIONAL  PROVISIONS   OF   THE 
AMENDMENT. 

In  the  Constitution  of  Massachusetts  are  the  following 
provisions  and  amendment :  — 

CHAPTER  V.,  SECTION  II. 
THE  ENCOURAGEMENT  OF  LITERATURE,  ETC. 
Wisdom  and  knowledge,  as  well  as  virtue,  diffused  generally 
among  the  body  of  the  people,  being  necessary  for  the  preservation 
of  their  rights  and  liberties;  and  as  these  depend  on  spreading  the 
opportunities  and  advantages  of  education  in  the  various  parts  of 
the  country,  and  among  the  different  orders  of  the  people,  it  shall 
be  the  duty  of  legislators  and  magistrates,  in  all  future  periods  of 
this  commonwealth,  to  cherish  the  interests  of  literature  and  the 
sciences,  and  all  seminaries  of  them ;  especially  the  university  at 
Cambridge,  public  schools  and  grammar  schools  in  the  towns;  to 
encourage  private  societies  and  public  institutions,  rewards  and 
immunities,  for  the  promotion  of  agriculture,  arts,  sciences,  com- 
merce, trades,  manufactures  and  a  natural  history  of  the  country; 
to  countenance  and  inculcate  the  principles  of  humanity  and  general 
benevolence,  public  and  private  charity,  industry  and  frugality, 
honesty  and  punctuality  in  their  dealings;  sincerity,  good  humor, 
and  all  social  affections,  and  generous  sentiments,  among  the  people. 

[Adopted  in  1780.] 

AMENDMENT,  ARTICLE  XVIII. 

No  PUBLIC  MONEY  TO  BE  USED  FOR  SECTARIAN  SCHOOLS. 
ART.  XVIII.  All  moneys  raised  by  taxation  in  the  towns  and 
cities  for  the  support  of  public  schools,  and  all  moneys  which  may 
be  appropriated  by  the  state  for  the  support  of  common  schools, 
shall  be  applied  to,  and  expended  in,  no  other  schools  than  those 
which  are  conducted  according  to  law,  under  the  order  and  superin- 
tendence of  the  authorities  of  the  town  or  city  in  which  the  money 
is  to  be  expended;  and  such  moneys  shall  never  be  appropriated  to 
any  religious  sect  for  the  maintenance  exclusively  of  its  own  school. 

[Adopted  May  28,  1855.} 


ADDITIONAL  LAWS. 


123 


The  following  index  will  serve  as  a  guide  to  certain  laws  to  which 
occasional  reference  needs  to  be  made  in  dealing  with  educational 
matters :  — 


Blind,  adult,  instruction  of,     ........ 

Commission  for,  may  provide  schools  for,  ..... 

Children,  under  seventeen  years  of  age,  admission  of,  to  dance  halls  and 
roller  skating  rinks, 

Crippled  and  deformed,  school  for,     ...... 


Delinquent  and  wayward. 


Common  towels,1  use  of,  in  public  places,          .          .          .          .          . 

Juvenile  offenders,  care  and  reformation  of,  trustees  of  Massachu- 
setts Training  Schools,        ....... 

Reform  schools,  solitary  confinement  forbidden, 
Dog  tax  may  be  applied  to  schools,  ...... 

Feeble-minded,  Massachusetts  School  for, 


School  for,  act  of  1906  to  establish,    . 
Industrial  schools  for  boys,  reform, 


Land,  taking  of,  for  school  purposes,          .... 
Liquor  license,  distance  from  school  building,     . 

Playgrounds,  ......... 

Property  for  educational  purposes  exempt  from  taxation,    . 
Support  of  public  schools,  money  appropriated  at  town  meeting, 

Textile  schools, 


Chap.  297,  Acts  of  1902. 
Chap.  385,  Acts  of  1906. 

Chap.  384,  Acts  of  1906. 
[Chap.  446,  Acts  of  1904. 
.1  Chap.  128,  Acts  of  1905. 
]  Chap.  226,  Acts  of  1907. 
[Chap.  497,  Acts  of  1909. 

Chap.  413,  Acts  of  1906. 

Chap.  195,  Acts  of  1907. 

Chap.  286,  Acts  of  1908. 

Chap.  175,  Acts  of  191-1. 

Chap.  187,  Acts  of  1912. 

Chap.  59,  Acts  of  1912. 

Chap.  566,  Acts  of  1911. 

Chap.  265,  Acts  of  1911. 

Chap.  102,  sect.  163,  R.  L. 

Chap.  504,  Acts  of  1909,  sects. 

59-65. 

f  Chap.  508,  Acts  of  1906. 

\  Chap.  421,  Acts  of  1907. 

fChap.  639,  Acts  of  1908. 

Chap.  472,  Acts  of  1909. 

Chap.  207,  Acts  of  1914. 

Chap.  25,  sects.  47-49,  R.  L. 

Chap.  266,  Acts  of  1905. 

Chap.  33,  Acts  of  1914. 
f  Chap.  100,  sect.  35,  R.  L. 
\  Chap.  104,  Acts  of  1906. 
f  Chap.  513,  Acts  of  1908. 
\  Chap.  508,  Acts  of  1910. 
[Chap.  223,  Acts  of  1912. 

Chap.  490,  Acts  of  1909,  Part 
I.,  sect.  5,  clause  3. 

Chap.  25,  sect.  15,  R.  L. 
'  Chap.  125,  sects.  20-22,  R.  L. 

Chap.  248,  Acts  of  1904. 

Chap.  216,  Acts  of  1905. 

Chap.  275,  Acts  of  1906. 

Chap.  445,  Acts  of  1912. 


1  Use  of  common  towels  prohibited  in  public  schools,  according  to  a  rule  of  the  State  Department 
of  Health. 


INDEX 


INDEX. 


A. 

PAGE 

Absence  from  school,      ...........  41,  42 

Certain  cases  of,  allowed,           .........  41 

Excused  when  necessary,  limit  of ,      .          .          .          .          .          .          .          .  41 

Penalty  for  attempt  to  induce,            ........  42 

Physical  or  mental  condition  in  relation  to,          ......  41 

Absentees,  truants,  school  offenders,  etc., 48-51 

Advisory  committee  for  vocational  schools,  appointment  of,  and  duties  of,  .          .  77 

Agents  of  the  Board  of  Education,  .          .          .          .          .          .          .          .          .  4,  5 

Employment  certificates  must  be  accessible  to,   ......  57 

Employment  of ............  5 

Salaries  and  travelling  expenses,         ........  4 

School  registers  open  to,  ..........  40 

Text-books,  etc.,  or  articles  of  school  supply,  publication  or  sale  by,  pro- 
hibited,            5 

Agricultural  College,  Massachusetts,  education  in,  free  to  residents  of  Massa- 
chusetts,          88 

Normal  department  may  be  established  in,          ......  74 

Agricultural  education  and  instruction :  — 

"Agricultural  education,"  definition  of,      .......  74 

In  general  (see  also  Vocational  education,  State-aided) ,  83-88 

In  Bristol  County  Independent  Agricultural  School,    .....  83-85 

Administration  and  maintenance  of ........  84 

County  commissioners  in  relation  to  trustees  of,   .....  83 

Half-rate  fares  for  pupils  of,        ........  85 

Location  of,  etc.,       .........  83 

Non-resident  pupils,  approval  of  Board  necessary,          ....  84,  85 

Support  of, 84 

In  Essex  County  Independent  Agricultural  School,      .....  85-88 

Half-rate  fare  on  street  railways  for  pupils  of ......  88 

Location  of,  etc.,       ..........  86 

Maintenance  of,  etc.,          .........  87 

Pupils,  non-resident,  etc.,  approval  of  Board  in  relation  to,    .          .          .  87 

Reimbursement  for  expenditures,         .......  87 

Tuition  fee,  etc 87 

In  independent  industrial  schools,     ........  75-77 

In  North  Adams  State  Normal  School,  department  in,         ....  8 

Subject  of,  may  be  taught  in  public  schools,        ......  14 

Alcoholic  drinks,  stimulants,  narcotics,  effect  on  system  to  be  taught,            .          .  14 
Aliens,   educational  work  for,   Free   Public   Library   Commission  may   appoint 

director  of, 109 

American  School  for  the  Deaf,          ....  9 


128  INDEX. 

PAGE 

Amusement,  places  of,  admission  of  child  under  fourteen  years  of  age  to,  regulated,  73 
Annuities  for  teachers.     See  Retirement  system  for  public  school  teachers. 

Apparatus  and  books  of  reference,  etc.,  school  committee  to  procure,  ...  29 

Arbor  Day,  establishment  of,            .........  109 

Associations,  county,  teachers,  payment  to,  by  State,          .....  10 

Massachusetts  Teachers'  Association,  payment  to,  by  State,          ...  10 
Teachers'  Retirement  Association,     .          .          .          .          .          .          .          .  92-102 

Athletic  organizations  of  pupils  may  be  supervised,  etc.,  by  the  school  committee,  21 
Attendance  officers:  — 

Additional  duties,  relation  to  care  of  indigent  and  neglected  children,    .          .  72 

Appointment  of  and  duties  of, 52 

Arrest  by,  of  child  who  violates  conditions  of  parole,  .....  50 

Change  of  name  from  truant  officers, 53 

Children  on  probation,  under  oversight  of,           ......  49 

Complaints  by, 48,49,73 

In  relation  to  children  between  seven  and  sixteen  years  of  age,  found 

wandering  in  streets,  etc.,        ........  48 

In  relation  to  children  under  sixteen  years  of  age,  who  violate  reasonable 

regulations  of  school,  etc.,       ........  49 

In  relation  to  habitual  absentees  or  truants  between  seven  and  sixteen 

years  of  age,           ..........  48 

In  relation  to  children  under  fourteen  years  of  age  admitted  to  places  of 

amusement,  ...........  73 

Disciplinary  day  schools  in  Boston,  children  to  be  returned  to,  by,        .          .  54 
Employment  certificate  and  educational  certificate,  production  of,  may  be 

required  by,            ..........  63 

Employment  certificate  must  be  accessible  to,     ......  57 

Factories,  workshops,  manufacturing  establishments,  etc.,  may  be  visited  by,  62 

Minor  unlawfully  employed  may  be  arrested  by, 63 

Penalties  for  hindering  or  delaying  work  of,         ......  70 

Police  power  in  full  vested  in,  in  regard  to  minors  in  certain  occupations,  .          .  70 
Report  of,  in  writing,  in  cases  of  illegal  employment,  to  school  authorities 

and  to  State  Board  of  Labor  and  Industries,    .....  62 

Suffolk  School  for  Boys,  commitment  to,  upon  complaint  of,         ...  54 

Summons  or  warrants  may  be  served  by,    .          .          .          .          .          .          .  51,  52 

Women  may  serve  as, 52 

Attendance  upon  school,  in  general,          ........  40-45 

Absence  from.     See  Absence  from  school. 

Admission  refused,  reasons  to  be  given  by  school  committee  upon  request,     .  45 

Children  between  seven  and  fourteen  years  of  age,       .....  40,  41 

Children  between  fourteen  and  sixteen  years  of  age,    .          .          .          .          .  40,  41 

Compulsory,  between  seven  and  fourteen  and  under  sixteen  years  of  age  in 

certain  cases,          ..........  40,  41 

Children  placed,  by  the  trustees  of  Massachusetts  Training  Schools,      .          .  43 
By  the  State  Board  of  Charity  and   by  the  trustees  for  children  of  the 

city  of  Boston,      ..........  43 

Compulsory  ages  for,        ..........  40,  41 

Exclusion  from,  on  account  of  infectious  or  contagious  disease,      ...  44 

Exclusion  from,  reasons  to  be  given  for,      .......  45 

Institutions,  children  placed  in,  expense  for,        .          .          .          .          .          .  44 

Non-resident  pupils,  consent  of  school  committee  necessary  in  certain  cases,  44 

Physical  or  mental  condition  in  relation  to,        .          .          .          .          .          .  41,  42 

In  evening  schools, 65 


INDEX.  129 

Attendance  upon  school — Concluded.  PAGE 

Places  other  than  residence 42,  43 

Transportation  expenses,    .........  43 

Tuition  for 43 

Private  schools,  conditions  of  approval  for,          ......  41 

Race,  color  or  religion  not  to  exclude  from,         ......  42 

Regulations  of,  also  penalty 41-45 

Rights  of  children  relating  to,  .          .          .          .          .          .          .          .          .  42 

State  wards,  transportation  of,           ........  43 

Vaccination,  neglect  of,  in  certain  cases,  debars  from,            ....  44 

Attendance  on  vocational  education  schools,  restrictions  as  to  age,       ...  76 
Attorney-General,  approval  of,  necessary  in  case  of  forms  for  employment  certi- 
ficate and  educational  certificate,     .......  61 

Auditor  of  the  Commonwealth,  normal  school  accounts  directed  by,    ...  7 

Average  membership,  how  to  reckon,        ........  40 

B. 

Badges  for  minors  in  certain  occupations,         .......  68,  69 

Banks,  savings,  school,  . 106,  107 

Baptismal  certificate,  or  birth  certificate,  in  connection  with  issuance  of  employ- 
ment certificate,     ..........  58 

Barnstable,  model  and  practice  schools  in, 7 

Bible  to  be  read  in  the  schools,         .........  22 

Blind,  adult,  instruction  of,  reference  to  law,     .......  123 

Blind,  Commission  for,  may  establish  schools,  reference  to  law,   .                    .          .  123 

Blind,  education  of,  by  State,  in  Perkins  Institution  and  Massachusetts  School  for,  9 
Board  of  Education:  — 

Act  consolidating  Board  with  the  Commission  on  Industrial  Education,          .  3,  4 

Agents  and  assistants,  employment  of  (see  also  Agents  of  the  Board),    .          .  4,  5 

Agricultural  education  in  North  Adams  State  Normal  School,       ...  8 

Annual  report  of,  to  be  sent  to  chairmen  of  the  school  committees,        .          .  36 

Blind  and  deaf,  approval  and  supervision  of  education  of,  and  report,  .          .  9 

Boarding  houses  of  normal  schools,  management  vested  in,        .    .          .          .  7 

Board  of  Health,  consultation  with,  on  directions  for  sight  and  hearing  tests,  90 

Bristol  County  Independent  Agricultural  School 83-85 

Census  books,  registers,  school  returns,  forms  for,  prescribed  by,  ...  5 

Certification  by,  of  superintendents  of  schools  in  State-aided  unions,      .          .  33 

Of  teachers  in  State-aided  high  schools, 18 

Clerical  and  messenger  assistance,      ........  4 

Commissioner  of  Education,  appointed  by,           .          .          .          .          .          .  3,  4 

Duties  and  powers  of ..........  4 

Commission  on  Industrial  Education,  expiration  of,     .          .          .          .          ;  4 

Duties  of,  conferred  on,      .........  3 

Continuation  schools,  etc.,  to  be  approved  by,    ......  80,  81 

Correspondence  schools,  in  relation  to,        .......  106 

Deaf  and  blind,  approval  and  supervision  of  education  of,  by,       ...  9 

Deputy  commissioners  appointed  by,           .......  4 

Duties  and  powers  of ..........  3 

Employment  certificates  and  educational  certificates  in  relation  to,        .          .  61 

Essex  County  Independent  Industrial  School, 86,  87 

Expenditures  of,  report  to  be  made,  ........  6 

Paid  from  treasury  of  Commonwealth,          .          .          .          .          .          .  4,  5 

Expiration  of  former  Board,      .  4 


130  INDEX. 

Board  of  Education  —  Concluded.  PAGE 

Grants,  etc.,  for  educational  purposes  may  be  held  in  trust  by,     ...  5 

Treasurer  of  the  Commonwealth  to  receive,           .....  5 

High  schools,  approval  by,         .          .          .          .          .          .          .          .          .15-18 

Incidental  or  travelling  expenses,       .          .          .          .          .          .          .  4,  5 

Massachusetts  School  Fund,  withheld  from  towns  by  request  of,  in  certain 

cases, 12 

Compliance  with  law  to  satisfaction  of  the  Board  necessary  for  receipt  of,  13 

Massachusetts  Teachers'  Association,  payment  to,  subject  to  approval  of,      .  10 

Medical  inspection  of  schools  in  relation  to,         ......  90 

Members  of,  appointment  of,  by  Governor  and  Council,       ....  3 

Model  and  practice  schools  established  by,           .          .          .          .          .  7,  8 

Normal  schools,  general  management  of,  vested  in,      .....  7 

Foreign  pupils  may  be  received  in,       .......  7 

North  Adams  State  Normal  School,  agricultural  department  in,  may  be 
provided  by,  ........ 

Powers  and  duties,            ..........  3 

Private  and  other  educational  institutions,  blanks  for  reports  to  be  sent  by,        .  8 

Reports  of,  to  be  sent  to,  .........  8 

Records  of  doings  of,  to  be  open  to  public  inspection,            ....  6 

Registration  of  teachers  for  positions 27 

Report  of,  annual,  to  be  made  to  the  General  Court,  .          .          .          .          .  5,  6 

School  registers,  census  books,  etc.,  forms  to  be  prescribed  by,      .          .  36 

Annual  expenditures  for,  by,       ........  36 

School  returns,  abstract  of,  to  be  contained  in  report  of ,                 .          .          .  5,  6 

Secretary  of,  duties  and  powers  of,  conferred  on  the  commissioner,         .  4 

Sight  and  hearing  tests,    ...                              .  90 

Instruction  in  best  methods  to  be  provided  in  normal  schools,         .          .  90 
Superintendency  unions,  payment  to,  certified  by, 

Dissolution  of,  consent  of  the  Board  required,       .....  30 

Formation  or  readjustment  of,  by, 

Superintendents  of  schools  in,  examined  by,           .....  33 

Teachers'  institutes  and  associations,  in  relation  to,     .          .          .          .          .  10 
Teachers'  positions,  application  for,  may  be  filed  with, 

List  of  applicants  for,  to  be  printed  by,        .          .          .          .          .          .  27 

Term  of  office  of 3 

Todd  normal  school  fund,  income  of,  to  be  applied  by,          ....  14 

Training  (truant)  schools,  visitation  by,  and  report  by,         ...  48 

Travelling  expenses  of,  also  of  agents,  etc.,          .                                                   .  4,  5 
Trust  funds,  etc.,  may  be  held  by,     . 

Vocational  and  continuation  schools,  approval  by,  for  training  of  teachers,     .  79,  80 

Classes  for  training  of  teachers  of,  may  be  established  by,      ...  80 
Vocational  education,  State-aided,  administered  and  supervised  by, 

Statement  of  amount  expended  to  be  made  annually  to  General  Court,     .  78,  79 

Boarding  houses,  normal  schools,  management  of,      ....  7 
Board  of  Labor  and  Industries,  State:  — 

Conference  with  Board  of  Education  in  relation  to  forms  for  employment 

certificates  and  educational  certificates,    . 
Duties  of,  in  regard  to  employment  of  children, 

Powers  of,  in  regard  to  trades,  etc.,  injurious  or  dangerous  to  health  of  minors,  67-70 
School  authorities  to  be  notified  by,  in  case  of  illegal  employment  of  child 

under  sixteen  years,      .  70 
Books  of  reference,   apparatus,  etc.,  school  committee  to  secure  (see  also  Text- 
books, etc.) 


INDEX.  131 


Books  of  reference,  maps  and  apparatus,  only  25  per  cent,  of  State  school  fund  may 

be  expended  on,     ..........  13 

Boston,  trustees  for  children  of  city  of,  in  relation  to  school  attendance,            .          .  -43,  -44 
Boston  Parental  School:  — 

Abolition  of, 54,  55 

Disciplinary  day  schools  to  take  place  of,  .          .          .          .          .          .          .  54,  55 

School  committee  in  charge  of,   ........  54 

Training  school  for  county  of  Suffolk,         .......  47 

Bristol  County  Independent  Agricultural  School,       ......  83-85 

Buildings,  construction  of,  and  inspection;  extracts  from  the  law  in  general  (see 

also  Schoolhouses) ,          ........  114-118 

c. 

Calisthenics,  military  drill,  gymnastics,     ........  28 

Census,  school,  forms  for,  to  be  prescribed  by  the  Board,   .....  5 

Forms  for,  to  be  sent  by  commissioner  to  chairmen  of  school  committees,       .  36 

Items  for,  to  be  ascertained  by  school  committees,       .....  36,  37 

Certification  by  the  Board,  of  teachers  in  State-aided  high  schools,      ...  18 

Of  superintendents  of  schools,  in  unions,    .......  33 

Charity,  State  Board  of:  — 

Opportunity  to  be  heard,  in  certain  cases  of  habitual  absentees,    ...  52 

Schooling  and  transportation  of  children  placed  by,     .....  43 

Visitation  of  training  (truant)  schools  by,  and  report,            ....  48 

Charters,  city,  in  relation  to  provisions  of  certain  laws,       .....  35 

"Child"  or  "minor,"  definition  of,  .          ........  55 

Children:  — 

Admission  of,  to  places  of  amusement  regulated,           .....  73 

Admission  of,  to  dance  halls,  roller-skating  rinks,  etc.,  reference  to  law,     .          .  123 
Concerts,  musical  exhibitions,  etc.,  special  permission  of  mayor,  aldermen  or 

selectmen,     ...........  65,  66 

Crippled  and  deformed,  reference  to  law,    .......  123 

Delinquent  and  wayward,  reference  to  law,          ......  123 

Employment  of,  in  general,       .........  55-73 

Between  fourteen  and  sixteen  years  of  age,  provisions  relating  to,  .          .  57 
Over  fourteen  years  of  age  and  under  sixteen,  may  be  employed  in  mer- 
cantile establishments  on  Saturday,   during  certain  hours,   without 

certificate,     ...........  57 

Physician's  certificate  to  be  filed,         .......  58 

Under  fourteen  years  of  age,  restrictions  as  to  places  and  hours  relating  to,  56,  57 

Examination  and  diagnosis  of,  to  be  made  by  school  physician,     .          .          .  89,  90 
Exclusion  from  school.     See  Exclusion  from  Schools. 

Exhibition  of,  public,  prohibited,        .          .          .          .          .          .          .          .  65,  66 

Indigent  or  neglected,  care  of,  .........  72 

Islands,  children  living  on,  transportation  of,  to  school,         ....  23 

Juvenile  offenders.     See  Juvenile  offenders;  also  Truants. 

Lunches  and  meals  (free)  for,  certain  provisions  relating  to,           .          .          .  91 

Medical  inspection  of  schools  as  related  to,         ......  88-91 

Rights  of,  in  attendance  on  school,    ........  42 

Transportation  of  pupils  to  school  by  street  car  or  elevated  railways,  half-fare,  24 

Vaccination  of,  required  before  attendance  on  school,            .          .          .          .  44,  45 

City  charters,  in  relation  to  certain  provisions  of  law,          .....  35 

Civil  government,  public  schools  may  teach,      .          .  14 


132  INDEX. 

PAGE 

Clarke  School  for  the  Deaf, 9 

Clerical  service  of  Board,         ..........  4 

Colleges,  degrees,  granting  of,  regulated,  .          .          .          .          .          .          .          .110 

Colleges,  duties  of  instructors  in,  in  relation  to  instruction  of  youth,    ...  22 

Commissioner  of  Education,  appointment  of,  by  Board  of  Education,            .          .  3,4 

Abstract  of  school  returns,  etc.,  to  be  made  by,            .          .          .    •                .  4 

Annual  report  of  Board,  parts  of,  may  be  published  by,        ....  6 

Census,  forms  for,  to  be  sent  to  chairmen  of  school  committees  by,        .          .  36 
Condition  and  efficiency  of  public  schools,  etc.,  information  relating  to,  to  be 

distributed  by,       ..........  4 

Duties  and  powers  of,  in  general,       .          .          .          .          .          .          .          .  4,  6 

Massachusetts  School  Fund  commissioner,           .          .          .          .          .          .  11 

Salary  of 4 

School  committees'  reports  to  be  sent  to,   .          .          .          .          .          .          .  38 

Teachers'  institutes  arranged  by,       ........  10 

Term  of  office  of 4 

Travelling  expenses  provided  for,      ........  4 

Commissioners  of  Massachusetts  School  Fund,           .          .          .          .          .          .  11 

Authority  of,  to  withhold  town's  share  of  fund,  ......  12 

Commissioners  of  Massachusetts  Nautical  School,      .          .          .          .          .          .  45,  46 

Commission  on  Industrial  Education,  expiration  of,  ......  4 

Act  consolidating  with  Board  of  Education,        .          .          .          .          .  3,  4 

Member  of,  appointed  on  Board,        ........  3 

Committees,  advisory.     See  Vocational  education,  Advisory  Committee. 

Committees,  school.     See  School  committees. 

Compensation,  school  committees 29 

Compulsory  school  attendance.     See  Attendance  upon  school. 

Concert,  festival,  musical  exhibitions,  permission  of  mayor,  aldermen  or  select- 
men for  children  to  take  part  in,      .......  66 

Constitution  of  Massachusetts,  educational  provisions  of;  also  Art.  XVIII.  of 

amendments,          .....  .  .122 

Construction  of  school  buildings.     See  Schoolhouses,  Construction  of. 

Contagious  or  infectious  diseases:  — 

Attendance  on  school  prohibited  on  account  of ,  .          .          .         .          .          .  44,  45 

Certificate  of  board  of  health  or  attending  physician  in  certain  cases,    .          .  45 

Regulation  relating  to  school  children  suffering  from,  .....  89 

School  physician  in  relation  to,           .......  89 

"Continuation  class"  or  "part-time,"  definition  of,   .          .  75 

Continuation  schools,  and  courses  of  instruction  for  working  children,  in  general, 

(see  also  Vocational  education) ,                                                                      .  80-82 

Attendance  of  minors  on,  in  school  in  town  of  residence,      ....  82 

Attendance  of  resident  minors  on,  employed  in  another  city  or  town,    .  81 

Board  of  Education  to  approve,         .....  81 
Certificates  may  be  revoked  by  superintendent  of  schools  in  case  of  failure  of 

child  to  attend,      ..... 

Employment  of  minor  ceases  in  certain  cases  of  nonattendance  on, 

Establishment  and  maintenance  of ,   .          .          .          .          .          .          .          .  80-82 

Conveyance  of  school  children:  — 

Boston  or  Commonwealth  to  pay  in  certain  cases,        .....  43 

Failure  to  provide,  liability,  in  case  of  attendance  on  outside  high  schools,  17 
Half  fare  for,  on  street  and  elevated  railways,     . 

In  Bristol  County  Independent  Agricultural  School, 

In  Essex  County  Independent  Agricultural  School,        .... 


INDEX.  133 

Conveyance  of  school  children  —  Concluded.  PAGE 

High  Schools,  in  other  towns, 16,  17,  23 

State  reimbursement  of  expenditures  for,  and  method  of,                  .          .  16,  17 

Industrial  schools  and  evening  schools,  etc.,         .          .          .                    .          .  24 

Islands,  children  living  on,  Board  to  furnish  transportation  for,        ...  23 

Places  other  than  residence,       .........  43 

State  wards,  placed  by  Board  of  Charity,  .......  44 

Street  and  elevated  railway  companies,  half  fare,          .....  27 

Towns  may  raise  money  for,     .........  23 

Cooking,  public  schools  may  teach,            ........  14 

Correspondence  schools  and  other  like  schools,  act  of  1914  regulating,  .  104-106 

Board  of  Education  to  establish  rules  and  regulations  relating  to,     .          .          .  106 
Bonds,  stocks,  etc.,  sale  of,  regulated,          ......           104,  105 

False  representations  prohibited,        ........  105 

Pupil  defrauded  may  bring  action  against,           ......  106 

Violation  of  rules  or  regulations  of  Board  by,  penalty,           ....  106 

County  Commissioners:  — 

In  relation  to  county  agricultural  schools,            .          .          .          .          .          .  83,  86 

In  relation  to  county  training  schools  for  truants,        .....  47 

County  teachers'  associations,  payment  to,  by  the  State,    .....  10 

County  training  (truant  schools) .     See  Training  schools  for  truants. 

Courses  of  studies,  in  general,           .........  28 

High  schools,            ...........  15 

School  committees'  duties  relating  to,          .......  28 

School  committees  to  prescribe,          ........  28 

Subjects,  list  of,  compulsory  and  permissive,       .          .          .          .          .          .  14,  15 

Courts,  jurisdiction  of.     See  Jurisdiction  of  Courts. 

Crippled  and  deformed  children,  reference  to  law,      .          .          .          .          .          .123 

D. 

Deaf  and  blind  persons,  education  of,  provisions  for,            .....  9 

Degrees  by  colleges  and  other  institutions  of  learning,  granting  of,       .          .  110,  111 

Dental  dispensaries  for  children  of  school  age,  authorized,  .....  91 

Department  of  Health,  State.     See  Health,  State  Department  of. 

Deputy  commissioners  of  education,  appointment,  term  of  office  and  salaries  of,  4 
Diplomas  from  normal  schools,  school  committee  may  accept,  in  lieu  of  examina- 
tion of  teacher,       ..........  25 

Diseases.     See  Contagious  or  infectious  diseases. 

Dismissal  and  suspension  of  teachers,  by  school  committee,          ....  25,  26 

Dismissal  of  superintendents  of  schools,    ........  26 

In  superin tendency  unions,        .........  31 

Dissection  and  vivisection,  regulated,        .          .          .          .                •     .          .          .  22,  23 

Disturbance  of  school,  penalty  for,  .........  108 

Dog  tax  may  be  applied  to  schools,  reference  to  law,  .          .          .          .          .123 

Dormitories  in  normal  schools,          .........  7 

Drug  stores,  employment  of  certain  minors  in,  not  prohibited,    ....  67 

E. 

Ears  and  eyes  of  pupils,  tests  to  be  made  by  teachers,         .....  90 

Educational  certificates,  blanks  for,           ........  61 

Failure  to  produce,  evidence  of  illegal  employment,    .....  63 

Issuance  of,  in  certain  cases,    .........  64 


134  INDEX. 

PAGE 

Educational  institutions,  etc.,  aided  by  the  State,  in  relation  to  Board,         .          .  8 

Educational  purposes,  grants  for,  etc.,  Board  of  Education  may  take  and  hold,          .  5 

Property  for,  exempt  from  taxation,  reference  to  law,            ....  124 

Employment  certificate :  — 

Accessible  to  certain  authorities,        ........  57 

Documents  and  papers  to  be  filed  with,  list  of ,    .          .          .          .          .          .  58,  59 

Extra  explanatory  matter  allowed,           .......  61 

Duplicate  copies,  in  case  of  loss,         ........  61 

Employer  to  return  to  office  of  superintendent  of  schools,     ....  57 

Fees,  unlawful,  in  relation  to  certificate  of  age  or  place  of  birth  of  minor,  etc.,  59,  61 

Issuance  of,  directions  relating  to,      ........  57-59 

Refusal  to  produce,  effect  of,     .........  63 

Employment  of  children,  in  general,          ........  55-73 

Extraordinary  emergency  or  extraordinary  public  requirement,  regulated,     .  69,  70 
Illegal  employment,  minors  under  twenty-one  years  of  age,  apprehension  by 

attendance  officer,           .........  63 

Minors  between  sixteen  and  twenty-one  years  of  age,            .          .          .          .  64,  65 

Street  trades, 69 

Violation  of  laws  relating  to,  penalties  for,           ......  62 

Employment  of  women  and  children,  in  general,         .          .          .          .          .          .  55-73 

English  language,  private  schools  approved  when  studies  required  by  law  are  in  the,  41 

Essex  County  Independent  Agricultural  School,          ......  85-88 

Ethics  in  public  school,  ...........  14 

"Evening  class,"  in  an  industrial,  etc.,  school,  definition  of ,          ....  75 

Evening  classes  in  practical  arts  for  women,      .......  79 

Evening  lectures,  free,  school  committees  may  provide,       .....  20 

Evening  schools,  in  general,     .          .          .          .          .          .          .          .          .          .  19,  20 

High  schools,  certain  cities  to  maintain,      .......  20 

Illiterate  minors  between  sixteen  and  twenty-one  years  of  age  must  attend,   .  64,  65 

Absence  of,  excused  in  certain  cases,    .......  65 

Maintenance  of,  required  in  certain  cities  and  towns,  ....  19 

Payment  of  fee  for  instruction  in,                 .          .          .          .          .          .          .  20 

School  committee  has  charge  of .........  24 

Subjects  to  be  taught  in .  .19,  20 

Examination  and  selection  of  teachers  by  the  school  committee,            .          .          .  24,  25 
Examination  of  superintendents  of  schools  for  superintendency  unions, 

Examination  of  teachers  by  Board  of  Education  in  State-aided  high  schools,    .          .  18 

Exclusion  from  schools,            ........                    .  44,  45 

Damages  for  unlawful 45 

Infectious  or  contagious  diseases  necessitate,       .          .          .          .          .        44, 45, 89 
Pupil  not  to  be  excluded  without  a  hearing, 

Reasons  to  be  given  for, 

Exhibitions  of  children  in  public,  prohibited  and  regulated,          .          .                    .  65,  66 
Exhibitions  of  public  school  work,  school  committees  may  provide  for,    . 
Eyes  and  ears  of  pupils,  tests  to  be  made  by  teachers,         .... 

F. 

Factories,  workshops  and  mercantile  establishments,  etc.,  attendance  officers  may 

visit 62 

"Factory,"  definition  of,          .......  55 

Fares  of  school  children  on  street  and  elevated  railways,     . 

Fees,  unla wful  in  case  of  issuance  of  certificate  of  age  or  place  of  birth,  etc.,      .          .  59,61 


INDEX.  135 

PAGE 

Feeble-minded,  Massachusetts  School  for,  reference  to  law,          ....  123 

Female  assistance  in  schools  having  an  average  of  50  pupils,        .          .          .          .  21 
Fines,  etc.     See  Penalties. 

Fire  escapes,  etc.,  in  connection  with  schoolhouses,    .....  114-117 

First  aid,  surgical  remedies,  public  schools  may  teach,         .....  15 

Fitchburg,  model  and  practice  schools  in,           .......  7 

Flag  Day,  national  flag,  observance  of, 109 

Flag,  United  States  schoolhouses,  display  of ........  34 

Penalty  for  failure,            ..........  34 

Foreign  countries  and  other  States,  pupils  from,  may  attend  normal  schools  under 

certain  conditions,           .........  7 

Free  evening  lectures,  school  committee  may  provide  for,  .....  20 

Free  meals  for  school  children,  cities  or  towns  may  allow, 91 

Free  Public  Library  Commission  may  appoint  agent  for  educational  work  among 

aliens, 109,  110 

Free  text-books.     See  Text-books. 
Funds:  — 

Grants,  trust  funds,  etc.,  for  educational  purposes, 5 

Massachusetts  School  fund,     .          .          .          .          .          .          .          .          .11-13 

Retirement  system  for  teachers 95-100,  103 

School  funds,  etc.,  of  corporations,  .          .          .          .          .          .          .          .  34,  35 

Todd  Fund,  for  normal  schools,        ........  14 

G. 

Good  behavior,  teachers  to  give  instruction  in,            .          ...          .          .  14 

Grants  for  educational  purposes,  Board  may  hold,  etc.,  in  trust,           ...  5 

Board  to  pay  over  to  Treasurer  of  Commonwealth,      .....  5 

Gymnastics,  military  drill,  calisthenics,     ........  29 

H. 

Habitual  school  offenders,  absentees,  truants,  etc.,  disposition  of,         ...  48-51 

Half  fare,  conveyance  of  school  children  on  street  and  elevated  railways,      .          .  27 
Health,  boards  of,  district  and  other  nurses,  may  be  employed  by,  through  the 

selectmen,     ...........  91 

Medical  inspection  of  schools  in  relation  to,         ......  88) 

Health,  State  Department  of,  consultation  with  Board  of  Education  in  regard  to 

directions  for  sight  and  hearing  tests,        ......  90 

Examination  of  school  buildings  by,  .          .          .          .          .          .          .118 

Hearing  and  sight  tests  by  school  teachers,        .......  90 

Heating  and  ventilating  of  schoolhouses, 115-118 

High  schools,  in  general,          ..........  15-18 

Board  of  Education,  approval  of,  in  certain  cases,        .          .          .          .          .  15,  18 

Cities  and  towns  required  to  keep,     .......  15 

Courses  of  study,  one  or  more,  at  least  four  years,        .          .          .          .          .  15 

Districts,  union,       ..........  18,  19 

Evening  high  schools,  certain  cities  to  maintain,           .....  20 

Outside  high  schools,  payment  of  tuition  in,  and  transportation  to,        .          .  16 
School  committee  liable  to  action  of  contract  for  refusal  to  approve  attend- 
ance on  outside  high  school,    ........  16 

State-aided,  in  small  towns,       .........  16-18 

Certification  of  teachers  in,          .          .  18 


136  INDEX. 

High  schools  —  Concluded.  PAGE 

Subjects  required  to  be  taught  in,      ........  15 

Time  of  keeping,  forty  weeks,  .........  15 

Tuition  payments  in  outside  high  schools  and  State  reimbursement  of,            .  16 

Transportation  of  pupils  to  outside  high  schools,  and  State  reimbursement  of,  16,  17 

Union  districts  for,  towns  may  vote  for,     .          .          .          .          .          .          .  18,  19 

Holidays,  legal  in  Massachusetts,     .........  109 

Horace  Mann  School  for  the  Deaf,            ........  9 

Hours  of  employment  to  be  posted  in  certain  cases,   ......  69 

"Household  arts  education,"  and  "household  arts  school,"  definitions  of,     .          .  75 

Hygiene  and  physiology,  to  be  taught  in  public  schools,  special  instruction,            .  14 
Hygiene,  school.     See  Medical  inspection  of  schools. 

I. 

Idleness  and  ignorance,  children  growing  up  in,  may  be  committed  to  county 

training  schools,     ..........  48 

Illiterate  minors,  between  sixteen  and  twenty-one  years  of  age,  must  attend 

evening  school,       ..........  64,  65 

Incidental  and  travelling  expenses  of  the  Board,  how  paid,           .          .          .          .  4,  5 

"Independent  agricultural  school,"  definition  of,        ......  75 

Independent  Agricultural  School  of  Bristol  County,  ......  83-85 

Independent  Agricultural  School  of  Essex  County,     ......  85-88 

"Independent  household  arts,"  and  "independent  household  arts  school,"  defini- 
tion of,           ...........  75 

"Independent,  industrial,  agricultural  or  household  arts  school,"  definition  of,          .  75 
Independent  industrial  schools.     See  Vocational  education,  State-aided. 

Indigent  and  neglected  children,  attendance  officer,  duties  relating  to,           .          .  72 

Industrial  Education,  Commission  on,  act  consolidating  with  Board  of  Education,   .  3,  4 

"Industrial  education,"  definition  of,        ........  74 

Industrial  education  or  manual  training,  not  interfered  with  by  school  attendance 

laws,  or  employment  laws,       ........  52,  72 

Industrial  schools  for  boys,  commitments  to,     .          .          .          .          .          .          .  51 

Industrial  school  for  boys,  reform,  reference  to  laws,            .....  123 

Industrial  school  for  girls,  commitments  to,        .......  51 

Industrial  schools,  independent.     See  Vocational  education,  State-aided. 

Industries,  minors  prohibited  from  working  in  certain,        .....  66-69 

Industries,  Labor  and.     See  Board  of  Labor  and  Industries,  State. 

Infectious  or  contagious  disease.     See  Contagious  or  infectious  diseases. 

Injured,  first  aid  to,  and  surgical  remedies,  may  be  taught  in  public  schools,          .  15 

Institutes  for  teachers,  and  associations,  .......  10 

Islands,  children  living  on,  transportation  of,  to  school,  Board  to  provide,    .          .  23 

J. 

Joint  committee,  in  superintendency  unions,      .          .          .          .          .          .          .  30,  31 

Jurisdiction  of  courts,  as  to:  — 

Absentees,  truants  and  school  offenders,     .          .          .          .          .          .          .  51,  52 

Employment  of  minors,    .......                    .          .  64,  71 

Teachers'  retirement  association,        ........  102 

Juvenile  offenders,  reference  to  law,  .          .          .          .          .          .          .          .123 

K. 

Kindergarten  training,  public  schools  may  give  instruction  in,     ....  14 


INDEX.  137 


L. 

Labor  and  Industries,  State  Board  of.     See  Board  of  Labor  and  Industries.  PAGB 

Land  for  schoolhouses,  taking  of,     .........  34 

Land,  taking  of,  for  school  purposes,  reference  to  law,         .....  123 

Lectures,  free  evening,  may  be  provided  by  school  committee,    ....  20 

Legal  holidays  in  Massachusetts,      .........  109 

Length  of  school  term,  number  of  days  or  half  days,  to  one  month,      ...  38 

Licenses,  or  badges,  for  minors  to  engage  in  certain  occupations,          ...  68 

Licenses  to  be  refused  for  public  shows,  under  certain  conditions,         ...  66 

Liquor  license,  affected  by  distance  from  school  buildings,  reference  to  law,            .  123 

Lowell,  model  and  practice  school  in,        .          .          .          .          .          .          .          .  .      7 

Lunches  or  meals,  free,  for  school  children,  cities  or  towns  may  allow,          .          .  91 

Lyman  Industrial  School  for  Boys,  commitments  to,            .....  51 

M. 

Manual  training  and  industrial  education,  not  interfered  with  by  certain  laws,      .  52,  72 

Manual  training,  certain  towns  and  cities  to  maintain  teaching  of,       .          .          .  19 

"  Manufacturing  establishment,"  definition  of ,             ......  56 

Massachusetts  Agricultural  College,  education  in,  free  to  residents  of  Massa- 
chusetts,         ...........  88 

May  establish  normal  department,     ........  74 

Massachusetts  Institute  of  Technology,  State  scholarships  in,      .          .          .  112-114 

Massachusetts  School  Fund,  in  general,    .          .          .          .          .          .          .          .  11-13 

Annual  payment  to,  provisions  of,     .          .          .          .          .          .          .          .  11 

Application  of,          ...........  13 

Board  of  Education  in  relation  to,     .          .          .          .          .          .          .          .  12,  13 

Books  of  reference,  maps,  etc.,  purchase  of,          ......  13 

Commissioner  of  Education  in  relation  to,            .          .          .          .          .          .  H 

Commissioners  of,  to  manage  and  report,  .......  11 

Conditions  of  receipt  of,  towns  must  comply  with,       .....  13 

Dates  of  apportionment  and  payment  of  income  of,     .....  12 

Distribution  of,  .          .          .          .          .          .          .          .          .         11,  12,  13 

Forfeiture  of,  in  certain  cases,  .          .          .          .          .          .          .          .          .  12,  39 

Penalty  on  school  committee  in  case  of,        ......  39 

Income  only  to  be  used,  ..........  n 

Report  to  be  made,  by  school  committees,            ......  12 

School  committees  must  not  use  for  their  own  compensation,         .          .          .  13 

Towns  must  comply  with  conditions,  in  order  to  receive,      ....  13 

Town  treasurers  to  keep  separate  account  of,                 .          .          .          .          .  12 

Use  of,  by  towns,  report  of,  to  be  made  to  Board,        .....  12 

Massachusetts  Teachers'  Association,        ........  10 

Meals  or  lunches,  free,  for  school  children,  cities  and  towns  may  provide,   .          .  91 

"Mechanical  establishment,"  definition  of,         .......  56 

Medical  inspection  of  schools,  in  general,            .......  88-91 

Contagious  or  infectious  disease,  regulations  relating  to,      ....  89 

Examination  and  inspection  of  children  by  school  physicians,        .          .          .89,  90 

Expenditures  for,  by  the  Board,  sum  allowed,     ......  90,  91 

School  physician,  appointment  of .........  88 

Duties  of, 89,  90 

Membership  of  schools,  how  reckoned,      ...  40 


138  INDEX. 

PAGE 

Memorial  Day,  30th  of  May,  devoted  to  patriotic  exercises,        ....  22 

Mental  condition,  as  affecting  employment  of  minors,         .....  60 

As  affecting  attendance  on  school,      ........  41 

"Mercantile  establishment,"  definition  of,          .......  56 

Messengers,  employment  of,  regulated,     ........  68 

Military  drill,  gymnastics,  calisthenics,  in  school,       .          .          .          .          .          .  28 

"Minor"  or  "child,"  definition  of,  .........  55 

Minors,  employment  of,  in  general,            ........  55-73 

Badges  for,  in  certain  cases,     .......  68,  69,  72,  73 

Employment  of,  ceases  in  certain  cases  of  nonattendance  on  continuation 

school,            ...........  82 

Regulated  under  eighteen  years  of  age,         ......  67 

Regulated  under  sixteen  years  of  age,            .          .          .          .          .          .  66,67 

Regulated  under  twenty-one  years  of  age,      ......  68 

Licensing  of,  in  cities,  by  school  committees,       ......  72,  73 

Model  and  practice  schools,  establishment  of,  etc.,  and  agreement  in  writing,        .  7,  8 

Month,  school,  time  reckoned  as,  in  school  returns,    ......  38 

Moral  instruction;  duty  of  instructors  in  colleges,  academies,  etc.,        ...  22 

Morals,  printed  matter  tending  to  corrupt,  penalty  for  distributing,  etc.,      .          .  108 

N. 

Narcotics,  stimulants,  etc.,  effect  of,  on  human  system,  to  be  taught,            .          .  14 
Nautical  schools,  boys  attending,  may  be  exempt  from  attendance  on  other 

schools 21 

Towns  may  establish  and  maintain,  at  the  election  of  the  school  committee,       .  21 

Nautical  Training  School,  change  of  name  to  Massachusetts  Nautical  School,       .  46 

Commissioners  of,  etc.,     ..........  45,  46 

Expense,  etc.,  of  maintaining,  .........  46 

United  States  vessels,       ..........  46 

Newspapers,  etc.,  in  relation  to  employment  of  minors,       .          .          .                    .  68 

Normal  schools:  — 

Accounts  of,  auditor  of  Commonwealth  to  direct,         .....  7 

Board  of  Education  has  management  of ........  7 

Diplomas  of,  may  be  accepted  by  school  committee  in  place  of  examination 

of  teachers,   ...........  25 

Foreign  countries  and  other  States,  pupils  from,  may  attend,  under  certain 

conditions,    ...........  7 

Model  and  practice  schools,  establishment  of,  etc.,       .          .          .          .          .  7,  8 

Todd  fund  for 14 

North  Adams,  model  and  practice  school  in,      .......  7 

North  Adams  State  Normal  School;  agricultural  department  in,          ...  8 

Nurses,  district  and  other,  employment  of,        .......  91 

o. 

Occupations  forbidden  to  certain  minors  and  persons  under  twenty-one  years  of 

age, 66-68 

Offenders  —  habitual  school,  absentees,  truants,  etc.,  disposition  of,    .          .          .  48-51 

Organizations  (athletic)  of  school  pupils,  authority  of  school  committee  over,        .  21 


INDEX.  139 


P. 

Parental  school,  Boston.     See  Boston  Parental  School.  ~PAOE 

"Part-time,  or  continuation  class,"  definition  of,        ......  75 

Patriotic  exercises,  30th  of  May  devoted  to,  in  public  schools,     ....  22 

Penalties,  fines  and  forfeitures:  — 

Attendance  officer,  delaying  or  hindering  work  of,        .....  70 

Attendance  officer,  truant  officer,  etc.,  violating  provisions  of  law  in  relation 

to  employment  of  children  or  issuance  of  badges,        .          .          .          .  71 

Attendance  officer,  violation  of  law  by,       .......  63 

Continuation  school;  employers'  liability  in  case  of  nonattendance  of  child,  82 
Correspondence  schools,  violation  of  law  relating  to,    .          .          .          .           105,  106 

Employment  ticket,  wrongfully  retained  by  a  corporation  or  other  employer,  63 

Exhibition  or  public  performance  of  children,      ......  66 

Failure  to  display  United  States  flag  on  schoolhouses,            .          .      '     .          .  34 

Inducing  child  to  absent  himself,  unlawfully,  from  school,   ....  42 

Minors,  employment  of,  in  cities  under  license  by  school  committee.      .          .  73 

Illegal  employment  of,  in  general,          .          .          .          .          .          .          .  70,  71 

Or  permission  for,  by  parent  or  guardian,   ......  65 

Inducing  or  attempting  to  induce  a  minor  from  attending  evening  school,  .  65 

Neglect  of  towns  to  provide  sufficient  and  suitable  schoolhouses,  .          .          .  33,  34 

Parents,  guardians,  etc.,  who  permit  minor  to  work  in  violation  of  law,          .  71 

Printed  matter,  unfit,  distribution  of,  etc.,            ......  108 

School  committee,  in  case  of  neglect  of  order  of  inspector,    .          .          .          .  118 

Scboolhouses,  fire  escapes,  etc.,           ........  117 

Schools,  wilful  disturbance  of 108 

Schools,  wilful  injury  of 108 

Vivisection  and  dissection,  violation  of  law  relating  to,         ....  23 
Pensions  for  teachers.     See  Retirement  system  for  public  school  teachers. 
Perkins  Institution  and  Massachusetts  School  for  the  Blind,  instruction  of  pupils 

in 9 

Physical  or  mental  condition,  capable  of  correction,  in  relation  to  school  attend- 
ance,      42,  65 

Physician's  certificate  to  be  filed  before  employment  certificate  is  issued,      .          .  58 
Physician's  certificate,  in  relation  to  vaccination  and  contagious  or  infectious 

diseases,         ...........  44,  45 

Physician,  school,  appointment  and  duties  of,    .          .          .          .          .          .          .  88,  89 

Physiology  and  hygiene,  special  instruction  in,  as  to  effect  of  alcoholic  drinks,  etc.,    .  14 

Political  rights  of  teachers  not  to  be  restricted,  certain  regulations  imposed,  26 

Positions  for  teachers,  registration  of,  in  office  of  Board,     .....  27 

Practical  arts,  classes  (evening)  for  women,        .......  79 

Printed  matter,  unfit,  distribution  of,  etc.,  penalty  for,        .....  108 

Private  and  other  educational  institutions,  in  relation  to  the  Board,     ...  8 

Private  or  sectarian  schools,  money  raised  by  taxation,  not  applicable  to,     .          .  122 

Private  schools,  approval  of,  by  school  committee,  under  certain  conditions,          .  41 

Public  schools,  in  general,        ..........  14-35 

Bible  to  be  read  in,  daily,          .........  22 

Disturbance  of,  penalty  for,       .........  108 

Evening  schools.     See  Evening  schools. 

Exhibition  of  work  of,  school  committee  may  provide,           ....  21 

High  schools.     See  High  schools. 

School  committee  has  general  charge  and  superintendence  of,  also  of  industrial 

schools  and  evening  schools,    ........  24 


140  INDEX. 

Public  schools  —  Concluded.  PAGES 

Subjects,  obligatory  and  permissive,  taught  in,   ......  14 

Support  of.     See  Support  of  schools. 

Teachers.     See  Teachers. 

Time  of  keeping, 14,  15 

R. 

Railways,  street  or  elevated,  in  relation  to  transportation  of  pupils,     ...  24 

Registeis,  school.     See  School  registers. 

Release  of  truants,  etc.,  or  permits  to  be  at  liberty,   .          .          .          .          .          .  49,  51 

Religious  teaching  in  private  schools  not  a  bar  to  approval,         .          .          .          .  41 

Reports  of  Board,  annual,  to  be  made  to  General  Court,    .          .          .          .  5,  6 

Retirement  system  for  public  school  teachers :  — 

Allowances,  retirement,  payment  of,            .......  96,  97 

Assessment  and  creation  of  funds  for,          .......  95,  96 

Assessment,  rate  of,           ..........  95,  96 

Association,  Teachers'  Retirement,  organization  of,      .....  93 

Board  of  trustees,  duties  of,  in  relation  to,           ......  99,  100 

Boston  teachers,  in  relation  to,           ........  103 

Cities  and  towns  authorized  to  establish  pension  funds  for,             .          .          .  103 

Creation  of  funds  for,  and  assessments,       .......  95,  96 

Custody  and  investment  of  funds  of,           .......  100 

Definition  of  words  and  phrases,         ........  92,  93 

Establishment  of, 93 

Funds,  creation  of,  expense,  annuity,  assessment,         .          .          .          .          .  95,  96 

Jurisdiction  of  court,         ..........  102 

Membership  in  other  associations,      .          .          .          .          .          .          .  100,  101 

Referendum  and  repeal,   ..........  102 

Reimbursement  of  cities  and  towns  by  the  Commonwealth  on  account  of,  101,  102 

School  committee  in  relation  to,  duties  of,           ......  99 

State  Teachers'  Retirement  Board,    .          .          .          .          .                    .          .  93-95 

Taxation,  attachments  and  assignments,    .......  98 

Withdrawal  and  reinstatement,           ........  97,  98 

Returns  of  private  and  other  educational  institutions,         .....  8 

Returns,  school.     See  School  returns. 

s. 

Sanitation,  schoolhouse,  .          .          .          .          .          .          .          .          .          .118 

Savings  banks,  authorized  to  receive  deposits  from  school  children,      .          .  106,  107 

Scholarships,  State,  Massachusetts  Institute  of  Technology,         .          .          .  112-114 

Worcester  Polytechnic  Institute,        .          .          .          .          .          .          .  Ill,  112 

School  attendance.     See  Attendance  on  school. 

School  census.     See  Census,  school. 

School,  savings  banks, 106,  107 

School  committees:  — 

Board  of  Labor  and  Industries  to  furnish  forms  for  employment  and  educa- 
tion certificates,  etc.,  to,  ........  61 

Compensation  of,     ...........  29 

Massachusetts  School  Fund  must  not  be  used  for,          ....  13 

Dismissal  and  suspension  of  teachers  and  superintendents  by,       .          .          .    25,  26 
Duties  and  powers  of,  in  general,        ........     24-39 

Duties  of,  in  relation  to  medical  inspection  of  schools,  ....     88-90 


INDEX.  141 

School  committees  —  Concluded.  PAGE 

Duties  of,  in  relation  to  retirement  system  for  teachers,        ....  99 

Election  of,  in  general, 119-122 

Evening  schools,  requirements  relating  to,          ......  19,  20 

Evening  schools,  in  charge  of,  ....                    ....  24 

Exclusion  from  school  by,  not  without  giving  pupil  a  hearing,       ...  45 

Exhibition  of  public  school  work  may  be  given  by,      .          .          .          .          .  21 

Failure  to  elect,  or  to  fill  vacancy  on,  proceedings  in  case  of,         ...  121 

Forfeiture  in  case  of  neglect  to  choose,        .......  23 

To  whom  paid, 23 

Free  evening  lectures  may  be  provided  by,          ......  20 

Industrial,  public  and  evening,  and  evening  high  schools,  in  charge  of,          .  24 

Ineligible  to  certain  positions,  .........  29 

Joint  committees,  in  superintendency  unions,      ......  30,  31 

Licensing  of  minors  to  engage  in  certain  occupations,  .          .          .  68,  69,  72,  73 

Massachusetts  School  Fund,  report  on,  to  be  made  to  the  Board,           .          .  12 

Medical  inspection  of  school  children,  duties  in  regard  to,    .          .          .          .  88-90 

Nautical  schools,  towns  may  establish  and  maintain,  at  the  election  of,           .  21 

Number  on,  increase  in  and  method  of,      .......  120 

Organizations  (athletic)  of  pupils  may  be  supervised  and  controlled  by,          .  21 

Oath  of  office  of 121 

Penalty  on.  for  forfeiture  of  school  fund,    .......  39 

Penalty  on,  in  case  of  neglect  of  order  of  inspector,      .          .          .          .          .118 

Private  schools,  approval  of,  by,  under  certain  conditions,    ....  41 

Public  schools  under  general  charge  and  supervision  of,        ....  24 

Removal  from  town,  vacates  office  of,         .......  122 

Report  of,  to  be  sent  to  the  commissioner,           .          ...          .          .          .  38 

Failure  to  send  to  the  commissioner,  penalty  for,           .          .          .          .  38,  39 

School  books  favoring  the  tenets  of  any  particular  religious  sect  must  not  be 

purchased  by,         ..........  22 

Schoolhouses,  suitable  place  for,  to  be  secured  by,       .....  34 

Under  charge  and  superintendence  of,  unless  town  otherwise  directs,     .  34 

School  physician  to  be  appointed  by,           .......  88 

Secretary  of,  must  be  appointed,        ........  24 

Duties  of, 24 

Sports,  plays,  games,  money  for,  may  be  expended  by,          ....  21 

Superintendent  of  schools  as  executive  officer  of,          .....  33 

Teachers'  salaries,  decrease,       .........  26 

Teachers,  selection  and  examination  of,  in  charge  of, 24,  25 

Tenure  of  office  of  teachers  and  superintendents,         .....  25,  26 

Term  of  office  of,  in  cities,  commencement  of,     ......  24 

Text-books  and  supplies,  purchased  by,      ...."...  28 

Vacancy  on,    ............  121 

Vacation  schools  may  be  established  by,     .          .          .          .          .          .          .  21 

Visitation  of  schools  by,  in  case  of  no  superintendent,           ....  27,  28 

Women,  eligible  to  serve  on,      .........  120 

Nomination  papers  for  candidates  for,  may  be  signed  by,       .          .          .  119 

Right  of,  to  vote  lor  members,    .          .          .          .          .          .          .          .119 

Voting  for  school  committee,       ........  121 

School  fui)ds.     See  Funds. 

"  Schoolhouse,"  definition  of ,  ..........  118 

Schoolhouses:  — 

Construction  of,  in  general,       ........  114-118 

Examination  of,  by  State  Department  of  Health,         .          .          .          .          .  118 


142  INDEX. 

Schoolhouses  —  Concluded.  PAGE 
Fire  escapes,  extinguishers,  etc.,          .......           114-116 

Flag,  United  States,  on,  display  of,    ........  34 

Halls  or  rooms  in,  use  of,  for  other  than  school  purposes,     ....  35 

Heating  and  ventilating, ,  115-117 

Injury  to,  punishment  for,         .........  108 

Land,  taking  of,  for  school  purposes,  reference  to  law,           ....  123 

Location  of,    .          .          .          .          .          .          .          .          ...          .          .  34 

Plans  and  specifications,  .          .          .          .          .          .          .          .          .  115,  116 

Sanitation  of,           ...........  118 

School  committee,  unless  town  otherwise  directs,  has  general  charge  and 

superintendence  of ..........  34 

Towns  must  maintain  sufficient  number,  etc.       ......  33 

Usefulness  of,  promotion  of,      .........  35 

School  hygiene.     See  Medical  inspection  of  schools. 

School  nurse.     See  Nurses,  district  and  other. 

School  physician,  appointment  of,  duties  of,      .......  88,  89 

In  relation  to  employment  certificates,        .......  58,  59 

School  property,  usefulness  of,  promotion  of ........  35 

School  registers,  school  committee  to  cause,  to  be  faithfully  kept,         ...  38 

Teachers  to  faithfully  keep 39,  40 

School  registers  and  returns  in  general,     ........  36-40 

School  returns,  abstract  of,  etc.,  to  be  made  by  the  commissioner,        ...  4 

Annual  report  of  the  Board  to  contain  printed  abstract  of,  .          .          .          .  5 

Certificate,  form  of, 37,  38 

Failure  to  make,      ...........  39 

Irregular  or  incorrect,       ..........  39 

Penalty  for  failure  to  send  to  commissioner,        ......  39 

Schools.     See  Public  schools. 

School  supplies  and  free  text-books,  school  committee's  duties  relating  thereto,     .  28 

Secretary  of  the  Board,  duties  of,  conferred  on  the  Commissioner  of  Education 

(see  Commissioner  of  Education),     .......  4 

Sectarian  or  private  schools,  money  raised  by  taxation  not  applicable  to,      .          .  122 

Shirley,  Industrial  School  for  Boys,  commitments  to,           .....  51 

Sight  and  hearing  tests  in  public  schools,            .......  90 

Sports,  plays  and  games,  money  may  be  expended  for,  by  school  committee,         .  21 

State-aided  vocational  education.     See  Vocational  education,  State-aided. 

State  Board  of  Health.     See  Health,  State  Department  of. 

State  Board  of  Labor  and  Industries.     See  Board  of  Labor  and  Industries. 

State  Industrial  School  for  Girls,  commitments  to,  of  vicious  inmates  of  county 

training  schools,     ..........  51 

State  scholarships, 111-114 

State  Teachers'  Retirement  Board,  management  of  retirement  system,  vested  in,  93-95 

Street  trades,  employment  of  minors  in,   .          .          .          .          .          .          .          .  68,  69 

Badges  and  hours,  ............  69 

Subjects  to  be  taught  in  public  schools,  permissive  and  obligatory,       .          .          .  14,  15 

In  evening  schools,            .          .          .          .                    .          .          .          .          .  19,  20 

Suffolk  School  for  Boys,  commitment  to,            .......  54 

Summonses,  warrants,  jurisdiction,  in  case  of  truants,  etc.,           ....  51,  52 

Superintendency  unions  of  towns  aided  by  the  State,           .....  30-33 

Dissolution  of,  regulated,           .........  30,  31 

Formation  or  readjustment  of,  by  the  Board,      ......  33 

High  schools  in,       ...........  15 

Payment  to,  by  the  Commonwealth,           .          .          .          .          .          .          .  31,  32 


INDEX.  143 

Superintendency  unions  of  towns  aided  by  the  State  —  Concluded.  PAGE 

Permanency  of,  and  representation  of  towns  on  joint  committees,           .          .  30 

Qualifications  of  superintendents  in,  determined  by  the  Board,      ...  33 

Tenure  of  office  of  superintendents  in,         .                    .                              .  31 

Towns,  exceeding  certain  valuation,  admitted  to,          .....  32 
Valuation  of  towns,  effect  of  increase,          ....... 

Superintendent  of  schools,  appointment  and  duties  of,         ....         29,  30,  33 

Certificates  may  be  revoked  by,  in  case  of  failure  of  child  to  attend  continu- 
ation school,  ......... 

Dismissal  or  suspension  of,  by  school  committees,        .....  26 

District  superintendents,           .......  30 

Duties  and  powers  of,  .  . 

As  executive  officer  of  school  committee,      ......  33 

Courses  of  study,  teachers  and  text-books  to  be  recommended  by,     .          .  33 

Employment  certificates  issued  by,  or  by  person  authorized  by,    ...  57 
Qualifications  of,  in  unions,  determined  by  Board,        ..... 

Tenure  of  office, 25 

In  superintendency  unions,          ........  31 

Union  superintendents.     See  Superintendency  unions. 

Support  of  schools:  — 

Estate  or  funds  given  for,  management  of,           ......  34,  35 

Items  included  in,    ...........  37 

Money  appropriated  at  town  meeting  for,  reference  to  law,            .          .          .  122 

Taxation  for,  money  raised  by,  not  applicable  to  private  or  sectarian  schools,  122 
Towns  shall  raise  by  taxation  money  for,   ....... 

Forfeiture  of  certain  amount  of  money  if  town  refuses  to  raise  money  for,  23 

Surgical  remedies  and  first  aid  to  the  injured,  may  be  taught  in  public  schools,           .  15 

Suspension  from  school.     See  Exclusion  from  school. 


T. 

Taxation,  money  raised  by,  not  applicable  to  private  or  sectarian  schools,    .  122 

Towns  shall  raise  money  by,  for  support  of  schools,     .....  23 

Teachers:  — 

Certificate  for,  to  be  obtained  from  school  committee,           ....  25 

Dismissal  and  suspension  of,  by  school  committee,       .       •  .          .          .          .  25,  26 

Ears  and  eyes  of  pupils  to  be  tested  by,      ....  90 

Examination  and  selection  of,  vested  in  school  committee,   .          .          .          .  24,  25 

Female  assistants  in  schools  having  an  average  of  fifty  pupils,       .          .  21 

Political  rights  of,  not  to  be  restricted  by  school  committee,          ...  26 

Positions  for,  obtained  through  registration  in  office  of  Board,      .          .          .  '       27 

Qualifications  of, 4,    25 

Retirement  system  for.     See  Retirement  system  for  public  school  teachers. 

School  registers  to  be  faithfully  kept  by 39,  40 

Subjects  to  be  taught  by, 14,  15 

Superintendents  of  schools  to  recommend,  to  school  committees,  ...  33 

Tenure  of  office, .  25,  26 

Vocational  education,  classes  for,  training  of  teachers  of,      .          .          .          .  79,  80 

Teachers'  Association,  Massachusetts,       ........  10 

Teachers'  institutes  and  associations,        ........  10 

Teeth,  care  of.     See  Dental  dispensaries. 

Telegraph  or  telephone  company  in  relation  to  employment  of  minors,          .          .  68 


144  INDEX. 

PAGE 

Temperance  instruction  in  public  schools,          .......  14 

Tenure  of  office  of  teachers  and  school  superintendents,      .          .          .          .          .  25,  26 

Tenure  of  office  of  superintendents  of  schools  in  superintendency  unions,      .          .  31 

Text-books  and  courses  of  study,     .........  28 

Text-books  and  school  supplies,  free,  school  committee's  duty  relating  to,    .          .  28,  29 
Text-books:  — 

Changes  in,  votes  of  school  committee  required,            .....  29 

Distribution  of,  care  and  custody  of,  regulated  by  school  committee,         .          .  28 

Pupils  may  purchase,  from  city  or  town  under  certain  conditions,           .          .  28,  29 
School  books  or  articles  of  school  supply,  publication  or  sale  of,  by  agents  of 

the  Board  prohibited,     .........  5 

Superintendents  of  schools  to  recommend,  to  the  school  committee,       .          .  33 

Textile  schools,  reference  to  law,      .........  122 

Theatres,  places  of  public  amusement,  etc. ,  may  be  visited  by  attendance  officer,      .  62 

Theatrical  performances  or  public  shows,  licenses  regulated,  in  regard  to  children,  65,  66 
Thrift,  subject  of,  to  be  taught  in  public  schools  (see  also  Savings  banks) ,         .          .14,  15 

Todd  normal  school  fund,        ..........  14 

Towels,  use  of  common,  reference  to  law,           .......  122 

Town  treasurers,  Massachusetts  School  Fund,  separate  account  of,  must  be  kept  by,  12 

Trades,  street,  regulations  relating  to,      ........  68 

Training  schools  (for  truants),  county:  — 

County  commissioners  in  relation  to  establishment  and  management  of,         .  47 

Support  of  inmates  of,      .........  49 

Truant  schools,  names  changed  to,    ........  53 

Visitation  of,  and  report  on,  by  Board  of  Education  and  Board  of  Charity,  .  48 
Transportation  of  school  children.     See  Conveyance  of  school  children. 
Travelling  expenses  of  the  Board,  agents,  etc.,          .          .          .          .          .            .4,5 

Treasurer  and  Receiver-General  of  the  Commonwealth  to  receive,  etc.,  moneys 

payable  to  the  Board  on  account  of  model  and  practice  schools,      .          .  7,  8 

Grants  or  gifts  to  Board,  to  be  received  by,         .....  5 

Treasurers,  town.     See  Town  treasurers. 
Truant  officers.     See  Attendance  officers. 

Truants,  school  offenders,  etc.,  in  general,          ....                             .  47-55 

Discharge,  parole,  etc.,     ..........  50 

Habitual,  commitment  of,          .......  48 

Permits  to  be  at  liberty,  also  releases,         .          .                   .          .          .          .  49, 51 

Probation  of, 49 

Schools  for.     See  Training  schools,  county. 

Temporary  release  of,  in  case  of  death  or  illness  in  family,   ...  51 

Tuberculosis  and  its  prevention,  to  be  taught  as  regular  branch,           ...  14 

Tuition,  expenditures  in  outside  high  schools,  State  reimbursement  of,           .          .  16,  17 

u. 

Union  high  school  districts,     ......                                         .  18,  19 

Union  schools,  two  or  more  towns  may  vote  to  establish,    .....  19 

United  States  Bureau  of  Education,  reference  to, 

United  States  flag,  observance,  by  Flag  Day,  of  adoption  of,       .          .          .          .  109 

United  States  flag,  display  on  schoolhouses,       ..... 

Penalty  for  failure,  .          . 


INDEX.  145 

V. 

PAGE 

Vacation  schools,  school  committee  may  establish,     .                               ...  21 

Vaccination  of  children,           ..........  44,  45 

Ventilation  and  heating  of  schoolhouses,  .......  115-118 

Vicious  inmates  of  county  training  schools,  disposition  of,             .          .          .          .  51 

Visitation  of  schools  by  school  committees  in  case  of  no  superintendent,       .          .  27,  28 

Vivisection  and  dissection,  regulated,        .          .          .          .          .          .          .          .  22,  23 

Vocational  education,  State-aided,  in  general  (see  also  Agricultural  education;  and 

Continuation  schools),    .........  74-88 

Administration  and  control  of,  by  local  authorities,     .....  76,  77 

Administration  and  supervision  of,  by  the  Board,         .....  75,  76 

Advisory  committees,        ..........  77 

Boards  of  trustees,  district 76,  77 

Definition  of  terms  and  phrases  used  in  connection  with,      ....  74,  75 

Non-resident  pupils,          .          .          .          .          .          .          .          .          .          .77 

Practical  arts,  evening  classes  in,  for  women,       ......  79 

Reimbursement,  State,  to  cities  and  towns  on  account  of,    .          .          .          .  77-79 

Repeal  section  of  law  relating  to,                  .          .          .          .          .          .          .  79 

Teachers  of,  training  of, 79,  80 

Transportation  of  pupils,            .........  79 

w. 

Warrants,  summonses,  jurisdiction  in  case  of  truants,  etc.,  .          .          .          .    51,  52 

Women  and  children,  employment  of,  in  general,        ......     55-73 

Women,  classes  (evening)  in  practical  arts  for,  ......  79 

Women,  may  serve  as  attendance  officers,         .......  52 

Women  on  school  committees,  election  of,  etc.,  .          .          .          .          .  119,  120 

Worcester  Polytechnic  Institute,  State  scholarships  in,        .          .          .  Ill,  112 

Working  children,  establishment  and  maintenance  of  continuation  schools  and 

courses  for, 80-82 

"Workshop,"  definition  of,      ......  56 


<  30  191$ 

THE   COMMONWEALTH    OF   MASSACHUSETTS 
BULLETIN    OF  THE    BOAREHJF  EDUCATION 

1915,  NUMBER  11  WHOLE  NUMBER.  48 


EDUCATIONAL  LEGISLATION 

OF  1915 


ISSUED  BY 


SEPTEMBER  1,  1915 


BOSTON 

WRIGHT   &  POTTER  PRINTING   CO.,   STATE  PRINTERS 

32  DERNE  STREET 

1915 


APPROVED  BY 
THE  STATE  BOARD  OF  PUBLICATION. 


EDUCATIONAL  LEGISLATION 

ENACTED  BY  THE  GENERAL  COURT  IN  1915. 


CONTENT. 

This  pamphlet  contains  legislation  relating  to  public  education 
enacted  by  the  General  Court  during  the  session  of  1915.  Resolves 
appropriating  money  for  specific  purposes  or  to  meet  annual  ex- 
penditures and  special  acts  relating  to  specific  communities  or 
institutions  are  omitted.  The  legislation  is  grouped  as  follows:  — 

PAGE 

PART  I.    Legislation  conferring  powers  and  duties  on  the  Board  of 

Education :  — 
New  buildings  for  the  Independent  Agricultural  School  of  the 

County  of  Essex, 4 

Department  of  University  Extension,  and  Correspondence  Courses 

of  Education, 5 

PART  II.    Legislation  of  general  import  to  the  public  schools:  — 
Powers  of  cities  and  towns  in  respect  to  playgrounds  and  physical 

education, 7 

Records  of  local  boards  of  health  on  diseases  declared  by  the  State 

Department  of  Health  to  be  dangerous  to  the  public  health,     .        8 
Penalty  for  altering  employment  certificates,     .        .        .        . 

School  attendance  of  minors, 9 

School  attendance  and  employment  of  minors,          ....       10 

Annual  returns  of  school  statistics, 11 

Transfer  cards  for  public  school  pupils  changing  their  residence,    .       12 
County  of  Hampden  to  erect  buildings  for  a  county  training 

school, 12 

Establishment  and  maintenance  of  an  independent  agricultural 

school  in  the  county  of  Norfolk, 13 

Retirement  system  for  public  school  teachers, 15 

Retirement  system  for  the  employees  of  the  Commonwealth,         .       16 
Independent  vocational  school  in  the  county  of  Hampshire,    .        .       17 

Admission  to  the  bar  of  attorneys  at  law, 20 

Establishment  and  maintenance  of  day  and  evening  classes  in 

practical  arts  for  women,   .    ' 21 


PART  I.  —  LEGISLATION  CONFERRING  POWERS  AND 
DUTIES  ON  THE  BOARD  OF  EDUCATION. 


GENERAL   ACTS    OF   1915. 

• 

CHAPTER  247. 

An  Act  to  provide  for  New  Buildings  for  the  Independent  Agricultural 
School  of  the  County  of  Essex. 

SECTION  1.  The  trustees  of  the  Independent  Agricultural  School  of  the 
county  of  Essex  are  hereby  authorized,  subject  to  the  approval  of  the  board 
of  education,  to  expend  a  sum  not  exceeding  one  hundred  thousand  dollars 
to  be  provided  by  the  county  of  Essex  for  the  purpose  of  erecting  and 
equipping  a  school  building  or  buildings  for  the  said  school. 

SECTION  2.  For  the  purposes  aforesaid  the  county  commissioners  of 
the  county  of  Essex  are  hereby  authorized  to  borrow  from  time  to  time 
upon  the  credit  of  the  county  a  sum  not  exceeding  one  hundred  thousand 
dollars  in  the  aggregate  and  to  issue  the  bonds  or  notes  of  the  county  there- 
for. Said  bonds  or  notes  shall  be  payable  in  such  annual  payments,  be- 
ginning not  more  than  one  year  after  the  date  of  each  loan,  as  will  extin- 
guish each  loan  within  twenty  years  from  its  date,  and  the  amount  of  such 
annual  payment  of  any  loan  in  any  year  shall  not  be  less  than  the  amount 
of  the  principal  of  the  loan  payable  in  any  subsequent  year.  Each  author- 
ized issue  of  bonds  or  notes  shall  constitute  a  separate  loan.  The  said  bonds 
or  notes  shall  bear  interest  at  a  rate  not  exceeding  five  per  cent  per  annum, 
payable  semi-annually,  and  shall  be  signed  by  the  treasurer  of  the  county 
and  countersigned  by  a  majority  of  the  county  commissioners.  The  county 
may  sell  the  said  securities  at  public  or  private  sale,  on  such  terms  and 
conditions  as  the  county  commissioners  may  deem  proper,  but  they  shall 
not  be  sold  for  less  than  their  par  value,  and  the  proceeds  shall  be  used 
only  for  the  purposes  herein  specified  and  shall  be  paid  to  the  trustees  of 
the  said  school  by  the  treasurer  of  the  county  upon  their  requisitions. 

SECTION  3.  The  county  commissioners,  at  the  time  of  authorizing  the 
said  loan,  shall  provide  for  the  payment  thereof  in  accordance  with  section 
two  of  this  act;  and  a  sum  sufficient  to  pay  the  interest  as  it  accrues  on  the 
bonds  or  notes  issued  as  aforesaid  by  the  county,  and  to  make  such  pay- 
ments on  the  principal  as  may  be  required  under  the  provisions  of  this  act, 
shall  be  levied  as  a  part  of  the  county  tax  of  the  county  of  Essex  annually 
thereafter,  in  the  same  manner  in  which  other  taxes  are  levied,  until  the 
debt  incurred  by  said  loan  or  loans  is  extinguished.  [Approved  May  11, 
1915. 


CHAPTER  294. 

An  Act  to  establish  a  Department  of  University  Extension  and  to  provide 
for  Correspondence  Courses  of  Education. 

SECTION  1.  There  is  hereby  established  a  department  of  university 
extension  to  be  under  the  direction  and  control  of  the  board  of  education. 
The  head  of  said  department  shall  be  appointed  by  the  board  of  education, 
with  the  approval  of  the  governor  and  council,  and  his  salary  shall  be  fixed 
by  the  board  with  the  approval  of  the  governor  and  council.  He  may  be 
removed  at  any  time  by  the  said  board  of  education. 

SECTION  2.  The  said  department  of  university  extension  is  hereby 
authorized  to  co-operate  with  existing  institutions  of  learning  in  the  estab- 
lishment and  conduct  of  university  extension  and  correspondence  courses; 
to  supervise  the  administration  of  all  extension  and  correspondence  courses 
which  are  supported  in  whole  or  in  part  by  state  revenues;  and  also,  where 
that  is  deemed  advisable,  to  establish  and  conduct  university  extension 
and  correspondence  courses  for  the  benefit  of  residents  of  Massachusetts: 
provided,  that  nothing  in  this  act  shall  be  construed  as  giving  to  the  said 
department  or  to  the  board  of  education  the  control  or  direction  of  exten- 
sion and  correspondence  courses  in  agriculture  or  in  subjects  directly  related 
thereto  when  these  are  administered  under  the  direction  of  the  Massachu- 
setts Agricultural  College.  The  said  department,  subject  to  the  approval 
of  the  board  of  education,  may  employ  such  agents,  lecturers,  instructors, 
assistants  and  clerks,  for  whole  or  part  time,  as  may  be  necessary  for  proper 
compliance  with  the  provisions  of  this  act.  With  the  approval  of  the 
governor  and  council  and  of  the  board  of  education,  it  may  rent  suitable 
offices  for  the  conduct  of  its  work. 

SECTION  3.  The  said  department  for  the  purposes  of  such  university 
extension  or  correspondence  courses,  may,  with  the  consent  of  the  proper 
city  or  town  officials  or  school  committees,  use  the  school  buildings  or 
other  public  buildings  and  grounds  of  any  city  or  town  within  the  com- 
monwealth, and  may  also  use  normal  school  buildings  and  grounds  and, 
with  the  consent  of  the  boards  or  commission  in  charge  of  the  same,  such 
other  school  buildings  as  are  owned  or  controlled  by  the  commonwealth. 
City  and  town  officials  and  committees  are  hereby  authorized  to  allow  the 
use  of  buildings  and  grounds  under  their  charge  by  the  department  of 
university  extension  for  the  purposes  of  university  extension  or  corre- 
spondence courses,  subject  to  the  rules  and  regulations  which  such  officials 
or  committees  may  establish:  provided,  however,  that  such  use  shall  not 
interfere  or  be  inconsistent  with  the  use  of  said  buildings  and  grounds  by 
the  public  schools  of  the  city  or  town.  The  said  department  may  also  ar- 
range for  the  use  of  such  other  buildings,  grounds,  and  facilities  as  may 
prove  to  be  necessary  for  the  conduct  of  its  work,  and  may  expend  in  rent 
therefor  such  sums  as  may  from  time  to  time  be  necessary. 

SECTION  4.  The  department  of  university  extension  is  empowered  to 
appoint  a  state  advisory  council  and  also  local  advisory  councils  on  uni- 
versity extension  and  correspondence  courses,  the  functions  of  which  shall 
be  defined  by  the  rules  and  regulations  of  the  board  of  education. 


SECTION  5.  The  board  of  education  shall  submit  to  the  general  court, 
on  or  before  the  third  Wednesday  of  January  of  each  year,  a  detailed  re- 
port of  the  doings  and  expenditures  of  the  said  department  for  the  year 
closing  on  the  first  day  of  the  previous  July. 

SECTION  6.  The  said  department  is  authorized  to  grant  to  students 
completing  courses  of  instruction  provided  for  under  this  act  suitable  cer- 
tificates as  evidence  of  proficiency,  in  accordance  with  rules  and  regula- 
tions to  be  established  by  the  board  of  education. 

SECTION  7.  The  department  of  university  extension,  for  the  purposes 
of  complying  with  the  provisions  of  this  act,  may  be  allowed  for  the  salary 
of  its  head,  agents,  lecturers,  instructors,  assistants,  clerks  and  other  serv- 
ice, and  for  travel  and  other  necessary  expenses  of  these  officers,  incurred 
in  the  performance  of  their  official  duties  under  this  act,  such  sums  as  shall 
be  appropriated  annually  by  the  general  court,  payable  out  of  the  treasury 
of  the  commonwealth. 

SECTION  8.  There  may  be  expended  under  the  direction  of  the  board 
of  education  in  carrying  out  the  provisions  of  this  act  for  the  year  nineteen 
hundred  and  fifteen,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

SECTION  9.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  28,  1915. 


PART   II.  —  LEGISLATION  OF   GENERAL  IMPORT  TO 
SCHOOL  AUTHORITIES. 


GENERAL   ACTS    OF   1915. 

CHAPTER  25. 

An  Act  relative  to  the  Powers  of  Cities  and  Towns  in  Respect  to  Play- 
grounds and  Physical  Education. 

SECTION  1.  Section  nineteen  of  chapter  twenty-eight  of  the  Revised 
Laws,  as  amended  by  section  one  of  chapter  five  hundred  and  eight  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  is  hereby  further  amended  by 
inserting  after  the  word  "city",  in  the  sixth  line,  the  words:  —  or  town, 
—  by  inserting  after  the  word  "education",  in  the  eighth  line,  the  words: 
—-and  may  construct  and  maintain  buildings  therefor  on  any  public  play- 
ground owned  by  the  city  or  town  in  fee  or  on  any  other  land  suitable  for 
the  purpose  owned  by  the  city  or  town  in  fee,  and  such  a  building  may  also 
be  used  for  town  meetings,  and,  subject  to  the  conditions  and  terms  pre- 
scribed by  the  board  controlling  the  building,  may  be  used  for  such  other 
public  or  social  or  educational  purposes  as  the  board  may  deem  wise: 
provided,  however,  that  such  other  public,  social  or  educational  uses  shall 
not  interfere  with  its  regular  use  as  a  gymnasium,  by  striking  out  the 
words  "this  purpose",  in  the  said  eighth  line,  and  by  inserting  in  place 
thereof  the  words :  —  these  purposes,  and  by  inserting  after  the  word 
"them",  in  the  seventeenth  line,  the  words:  —  or  any  one  or  more  mem- 
bers of  all  or  any  two  of  these  boards,  —  so  as  to  read  as  follows :  —  Sec- 
tion 19.  Any  city  or  town  may  acquire  land  within  the  municipal  limits, 
in  fee  or  otherwise,  by  gift,  purchase,  or  by  the  right  of  eminent  domain, 
or  may  lease  the  same,  and  prepare,  equip  and  maintain  it,  or  any  other 
land  belonging  to  the  city  or  town  and  suitable  for  the  purpose,  as  a  public 
playground;  and  may  conduct  and  promote  thereon  play,  sport  and  phys- 
ical education,  and  may  construct  and  maintain  buildings  therefor  on  any 
public  playground  owned  by  the  city  or  town  in  fee  or  on  any  other  land 
suitable  for  the  purpose  owned  by  the  city  or  town  in  fee,  and  such  a  build- 
ing may  also  be  used  for  town  meetings,  and,  subject  to  the  conditions 
and  terms  prescribed  by  the  board  controlling  the  building,  may  be  used 
for  such  other  public  or  social  or  educational  purposes  as  the  board  may 
deem  wise:  provided,  however,  that  such  other  public,  social  or  educa- 
tional uses  shall  not  interfere  with  its  regular  use  as  a  gymnasium;  and  for 
these  purposes  may  appropriate  money  and  may  employ  such  teachers, 
supervisors  and  other  officials  as  it  deems  best,  and  may  determine  their 


8 

compensation.  Except  in  the  city  of  Boston  and  except  as  to  making  ap- 
propriations, the  above  powers  shall  be  exercised  by  the  board  of  park  com- 
missioners, or  by  the  school  committee  or  by  a  playground  commission 
appointed  by  the  mayor  or  the  selectmen,  or  may  be  distributed  between 
the  board  of  park  commissioners,  the  school  committee  and  such  play- 
ground commission  or  any  of  them  or  any  one  or  more  members  of  all  or 
any  two  of  these  boards  accordingly  as  the  city  council  or  the  town  may 
decide.  Until  the  city  council  or  the  town  determines  which  of  the  above 
bodies  shall  exercise  said  powers  they  shall  remain  in  the  body  now  exer- 
cising them.  Within  sixty  days  after  the  taking  of  land,  under  the  pro- 
visions of  this  section,  the  body  taking  the  land  shall  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  or  district  in  which  the 
land  lies  a  description  thereof  sufficiently  accurate  for  identification  and  a 
statement  of  the  purpose  for  which  it  was  taken. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
February,  25,  1915. 

CHAPTER  52. 

An  Act  relative  to  the  Records  of  Local  Boards  of  Health  on  Diseases  de- 
clared by  the  State  Department  of  Health  to  be  dangerous  to  the 
Public  Health. 

SECTION  1.  Section  fifty-one  of  chapter  seventy-five  of  the  Revised 
Laws  is  hereby  amended  by  striking  out  the  words  "in  blank  books  to  be 
provided  by  the  secretary  of  the  commonwealth",  in  the  first  and  second 
lines,  and  by  inserting  after  the  word  "report",  in  the  sixth  line,  the  words: 
—  or  other  data  required  by  the  state  department  of  health.  Such  record 
shall  be  kept  in  such  manner  or  upon  such  forms  as  shall  be  prescribed  by 
the  said  department,  —  so  as  to  read  as  follows:  —  Section  51.  The  board 
of  health  shall  keep  a  record  of  all  reports  received  pursuant  to  the  two 
preceding  sections,  which  shall  contain  the  name  and  location  of  all  persons 
who  are  sick,  their  disease,  the  name  of  the  person  who  reports  the  case 
and  the  date  of  such  report  or  other  data  required  by  the  state  department 
of  health.  Such  record  shall  be  kept  in  such  manner  or  upon  such  forms  as 
shall  be  prescribed  by  the  said  department.  Said  board  shall  give  immedi- 
ate information  to  the  school  committee  of  all  contagious  diseases  so  re- 
ported to  them. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  12,  1915. 

CHAPTER  70. 

An  Act  to  provide  a  Penalty  for  altering  Employment  Certificates. 

Section  sixty-one  of  chapter  five  hundred  and  fourteen  of  the  acts  of 
the  year  nineteen  hundred  and  nine,  as  amended  by  chapter  two  hundred 
and  forty-nine  of  the  acts  of  the  year  nineteen  hundred  and  ten  and  by 
section  nineteen  of  chapter  seven  hundred  and  seventy-nine  of  the  acts  of 
the  year  nineteen  hundred  and  thirteen,  is  hereby  further  amended  by 
adding  at  the  end  thereof  the  words:  —  Whoever,  without  authority,  alters 
an  employment  certificate  after  the  same  is  issued  shall  be  punished  by  a 


fine  of  ten  dollars,  —  so  as  to  read  as  follows:  —  Section  61.  Whoever 
employs  a  person  under  the  age  of  sixteen  years,  and  whoever  procures  or, 
having  under  his  control  a  person  under  sixteen  years  of  age,  permits  such 
person  to  be  employed  in  violation  of  the  provisions  of  sections  fifty-six 
or  fifty-seven  of  this  act,  shall  for  each  offence  be  punished  by  a  fine  of 
not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  by  imprisonment  for 
not  more  than  thirty  days;  and  whoever  continues  to  employ  a  person 
under  sixteen  years  of  age  in  violation  of  the  provisions  of  either  of  said 
sections,  after  being  notified  thereof  by  a  school  attendance  officer  or  by 
an  inspector  appointed  by  the  state  board  of  labor  and  industries,  shall 
for  every  day  thereafter  while  such  employment  continues  be  punished  by 
a  fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  sixty  days;  and  whoever  forges,  or  procures 
to  be  forged,  or  assists  in  forging  a  certificate  of  birth  or  other  evidence  of 
the  age  of  such  person,  and  whoever  presents  or  assists  in  presenting  a 
forged  certificate  or  evidence  of  birth  to  the  superintendent  of  schools  or  to 
a  person  authorized  by  law  to  issue  certificates,  for  the  purpose  of  fraudu- 
lently obtaining  the  employment  certificate  required  by  this  act,  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment.  Whoever,  being  authorized  to  sign  an  employment  certifi- 
cate, knowingly  certifies  to  any  materially  false  statement  therein  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  two  hundred  dollars. 
Whoever,  without  authority,  alters  an  employment  certificate  after  the 
same  is  issued  shall  be  punished  by  a  fine  of  ten  dollars.  [Approved  March 
17,  1915. 

CHAPTER  78. 
An  Act  relative  to  the  School  Attendance  of  Minors. 

Section  four  of  chapter  forty-four  of  the  Revised  Laws,  as  amended  by 
chapter  three  hundred  and  seventy-five  of  the  acts  of  the  year  nineteen 
hundred  and  five,  and  by  section  two  of  chapter  two  hundred  and  sixty- 
eight  of  the  acts  of  the  year  nineteen  hundred  and  eleven,  and  by  section 
four  of  chapter  seven  hundred  and  seventy-nine  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen,  is  hereby  further  amended  by  striking  out 
the  word  "fifty",  in  the  forty-second  line  and  inserting  in  place  thereof  the 
word:  —  seventy-five,  and  by  striking  out,  after  the  word  "schools,"  in 
the  forty-fourth  line  the  words  "or,  if  the  school  committee  of  said  city  or 
town  so  desires,  an  amount  equal  to  the  average  expense  for  each  pupil 
of  such  school  during  the  preceding  year,  for  a  period  equal  to  the  time 
during  which  the  child  so  attends",  —  so  that  the  third  paragraph  of  the 
section  will  read  as  follows :  — 

For  the  tuition  in  the  public  schools  in  any  city  or  town  of  any  child 
between  the  ages  of  five  and  fifteen  years  who  shall  be  placed  elsewhere  than 
in  his  own  home  by  the  state  board  of  charity,  or  by  the  trustees  of  the 
Massachusetts  training  schools,  or  kept  under  the  control  of  either  of  said 
boards  in  such  city  or  town,  the  commonwealth  shall  pay  to  said  city  or 


10 

town,  and  for  such  tuition  of  any  such  child  so  placed  by  the  trustees  for 
children  of  the  city  of  Boston,  or  so  kept  under  control  of  said  trustees, 
the  city  of  Boston  from  its  appropriation  for  school  purposes,  shall  pay  to 
said  city  or  town  seventy-five  cents  for  each  week  of  five  days,  or  major 
part  thereof,  of  attendance  of  every  such  child  in  the  public  schools.  [Ap- 
proved March  18,  1915. 

CHAPTER  81. 
An  Act  relative  to  School  Attendance  and  to  the  Employment  of  Minors. 

SECTION  1.  Section  one  of  chapter  forty-four  of  the  Revised  Laws,  as 
amended  by  chapter  three  hundred  and  twenty  of  the  acts  of  the  year  nine- 
teen hundred  and  five,  by  chapter  three  hundred  and  eighty-three  of  the 
acts  of  the  year  nineteen  hundred  and  six,  and  by  section  one  of  chapter 
seven  hundred  and  seventy-nine  of  the  acts  of  the  year  nineteen  hundred 
and  thirteen,  is  hereby  further  amended  by  striking  out,  in  the  thirtieth 
line,  the  word  "five  ",  and  inserting  in  place  thereof  the  word:  —  seven, 
—  and  by  striking  out  the  word  "ten",  in  the  same  line,  and  inserting  in 
place  thereof  the  word:  —  fourteen,  —  so  as  to  read  as  follows:  —  Section 
1.  Every  child  between  seven  and  fourteen  years  of  age,  every  child  under' 
sixteen  years  of  age  who  does  not  possess  such  ability  to  read,  write  and  spell 
in  the  English  language  as  is  required  for  the  completion  of  the  fourth 
grade  of  the  public  schools  of  the  city  or  town  in  which  he  resides,  and  every 
child  under  sixteen  years  of  age  who  has  not  received  an  employment  cer- 
tificate as  provided  in  this  act  and  is  not  engaged  in  some  regular  em- 
ployment or  business  for  at  least  six  hours  per  day  or  has  not  the  written 
permission  of  the  superintendent  of  schools  of  the  city  or  town  in  which  he 
resides  to  engage  in  profitable  employment  at  home,  shall  attend  a  public 
day  school  in  said  city  or  town  or  some  other  day  school  approved  by  the 
school  committee,  during  the  entire  time  the  public  schools  are  in  session, 
subject  to  such  exceptions  as  are  provided  for  in  sections  four,  five  and 
six  of  this  chapter  and  in  section  three  of  chapter  forty-two  of  the  Revised 
Laws,  as  amended  by  chapter  four  hundred  and  thirty-three  of  the  acts  of 
the  year  nineteen  hundred  and  two,  and  by  chapter  five  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  eleven;  but  such  at- 
tendance shall  not  be  required  of  a  child  whose  physical  or  mental  condition 
is  such  as  to  render  attendance  inexpedient  or  impracticable,  or  who  is 
being  otherwise  instructed  in  a  manner  approved  in  advance  by  the  super- 
intendent of  schools  or  the  school  committee.  The  superintendent  of 
schools,  or  teachers  in  so  far  as  authorized  by  said  superintendent  or  by  the 
school  committee,  may  excuse  cases  of  necessary  absence  for  other  causes 
not  exceeding  seven  day  sessions  or  fourteen  half -day  sessions  in  any  period 
of  six  months.  For  the  purposes  of  this  section,  school  committees  shall  ap- 
prove a  private  school  only  when  the  instruction  in  all  the  studies  required 
by  law  is  in  the  English  language,  and  when  they  are  satisfied  that  such  in- 
struction equals  in  thoroughness  and  efficiency,. and  in  the  progress  made 
therein,  the  instruction  in  the  public  schools  in  the  same  city  or  town ;  but 
they  shall  not  refuse  to  approve  a  private  school  on  account  of  the  religious 
teaching  therein. 


11 

SECTION  2.  Said  chapter  forty-four  of  the  Revised  Laws,  as  amended 
by  section  two  of  said  chapter  seven  hundred  and  seventy-nine  of  the  acts 
of  the  year  nineteen  hundred  and  thirteen,  is  hereby  further  amended  by 
striking  out  the  word  "five",  in  the  fourth  line,  and  inserting  in  place 
thereof  the  word:  —  seven,  —  and  by  striking  out  the  word  "ten",  in  the 
same  line,  and  inserting  in  place  thereof  the  word:  —  fourteen,  —  so  as  to 
read  as  follows:  —  Section  2.  Every  person  having  under  his  control  a 
child  as  described  in  section  one  shall  cause  him  to  attend  school  as  therein 
required,  and,  if  he  fails  for  seven  day  sessions  or  fourteen  half -day  sessions 
within  any  period  of  six  months  wrhile  such  control  obtains,  to  cause  such 
child  so  to  attend  school,  he  shall,  upon  complaint  by  an  attendance  officer 
and  conviction  thereof,  be  punished  by  a  fine  of  not  more  than  twenty 
dollars,  and  no  physical  or  mental  condition  which  is  capable  of  correction, 
or  which  renders  the  child  a  fit  subject  for  special  instruction  at  public 
charge  in  institutions  other  than  public  day  schools,  shall  avail  as  defence 
under  the  provisions  of  this  or  the  preceding  section,  unless  it  shall  be  made 
to  appear  that  the  defendant  has  employed  all  reasonable  measures  for 
the  correction  of  the  condition  and  the  suitable  instruction  of  the  child. 

Whoever  induces  or  attempts  to  induce  a  child  to  absent  himself  unlaw- 
fully from  school,  or  employs  or  harbors  a  child  while  school  is  in  session, 
shall  be  punished  by  a  fine  of  not  less  than  ten*  nor  more  than  fifty  dollars. 
[Approved  March  18,  1915. 

CHAPTER  90. 
An  Act  relative  to  Annual  Returns  of  School  Statistics. 

SECTION  1.  Clause  Third  of  section  four  of  chapter  forty- three  of  the 
Revised  Laws,  as  amended  by  section  three  of  chapter  three  hundred  and 
sixty-eight  of  the  acts  of  the  year  nineteen  hundred  and  twelve  and  by 
section  one  of  chapter  three  hundred  and  fifty-six  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen,  is  hereby  further  amended  by  inserting  after 
the  word  "year",  in  the  last  line  of  said  clause,  the  words:  —  and  in  Boston 
during  the  fiscal  year  instead  of  the  school  year,  —  so  that  the  said  clause 
will  read  as  follows :  —  Third.  The  amount  of  money  raised  by  taxation 
by  the  town  (or  city),  and  expended  during  the  fiscal  year  last  preceding 
the  date  of  the  certificate  for  the  support  of  the  public  schools,  including 
the  wages  of  teachers,  the  transportation  of  school  children,  fuel,  the  care 
of  fires,  schoolrooms  and  school  premises,  repairs,  supervision,  text-books 
and  supplies,  and  school  sundries  or  incidentals,  but  excluding  alterations 
of  school  buildings,  other  than  repairs,  and  construction  of  schoolhouses 
and  contributions  for  the  support  of  public  schools  which  may  be  received 
from  the  commonwealth  or  from  other  sources  than  local  taxation,  and 
also  the  total  expenditures,  classified,  for  the  public  schools  during  the 
school  year,  and  in  Boston  during  the  fiscal  year  instead  of  the  school 
year,  last  preceding  the  date  of  this  certificate. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  22,  1915. 


12 


CHAPTER  94. 

An  Act  relative  to  Transfer  Cards  for  Public  School  Pupils  changing  their 

Residences. 

SECTION  1.  When  any  child  required  by  section  one  of  chapter  forty- 
four  of  the  Revised  Laws,  as  amended  by  section  one  of  chapter  seven 
hundred  and  seventy-nine  of  the  acts  of  the  year  nineteen  hundred  and 
thirteen,  to  attend  school  is  being  educated  in  any  public  or  private  school 
or  in  any  institution  in  any  city  or  town,  and  leaves  such  school  or  institu- 
tion because  of  change  of  residence  to  another  city  or  town  in  the  common- 
wealth, the  superintendent  of  schools,  if  the  child  attends  a  public  school, 
and  the  person  in  charge,  if  the  child  attends  a  private  school  or  is  being 
educated  in  any  institution,  shall  furnish  to  such  child  a  transfer  card  giving 
the  name  of  the  child,  his  age,  his  grade  in  school,  and  in  every  case  pos- 
sible, the  street  and  number  of  his  new  residence,  and  shall  send  without 
delay  a  similar  transfer  card  to  the  superintendent  of  schools  of  the  city 
or  town  in  which  the  child  is  to  reside. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  22,  1915. 

CHAPTER  122. 

An  Act  to  direct  the  County  of  Hampden  to  erect  Buildings  for  a  County 

Training  School. 

SECTION  1.  The  county  commissioners  of  the  county  of  Hampden  are 
hereby  authorized  and  directed  to  erect  in  the  county  of  Hampden  suitable 
buildings  for  a  Hampden  county  training  school,  and  to  equip  and  furnish 
the  buildings  suitably  for  the  instruction  and  training  of  children  com- 
mitted thereto  as  habitual  truants  or  school  offenders. 

SECTION  2.  In  order  to  meet  the  expense  incurred  under  this  act  the 
county  commissioners  of  the  county  of  Hampden  are  hereby  authorized 
to  borrow  from  time  to  time  upon  the  credit  of  the  county  a  sum  not  ex- 
ceeding one  hundred  thousand  dollars,  and  to  issue  the  bonds  or  notes 
of  the  county  therefor.  The  bonds  or  notes  shall  be  payable  in  such  annual 
payments,  beginning  not  more  than  one  year  after  the  date  of  each  loan, 
as  will  extinguish  each  loan  within  twenty  years  from  its  date,  and  the 
amount  of  such  annual  payment  of  any  loan  in  any  year  shall  not  be  less 
than  the  amount  of  the  principal  of  the  loan  payable  in  any  subsequent 
year.  Each  authorized  issue  of  bonds  or  notes  shall  constitute  a  separate 
loan.  The  said  bonds  or  notes  shall  bear  interest  at  a  rate  not  exceeding 
five  per  cent  per  annum,  payable  semi-annually,  and  shall  be  signed  by 
the  treasurer  of  the  county  and  countersigned  by  a  majority  of  the  county 
commissioners.  The  county  may  sell  the  said  securities  at  public  or  private 
sale,  upon  such  terms  and  conditions  as  the  county  commissioners  may 
deem  proper,  but  they  shall  not  be  sold  for  less  than  their  par  value,  and 
the  proceeds  shall  be  used  only  for  the  purposes  herein  specified. 

SECTION  3.  The  county  commissioners,  at  the  time  of  authorizing  the 
said  loan,  shall  provide  for  the  payment  thereof  in  accordance  with  the 
provisions  of  this  act;  and  a  sum  sufficient  to  pay  the  interest  as  it  accrues 


13 

on  the  bonds  or  notes  issued  as  aforesaid,  and  to  pay  the  principal  when 
it  becomes  due,  shall  be  levied  as  a  part  of  the  county  tax  of  the  county  of 
Hampden  annually  thereafter,  in  the  same  manner  in  which  other  county 
taxes  are  levied,  until  the  debt  incurred  by  said  loan  is  extinguished. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Approved- 
March  30,  1915. 

CHAPTER  189. 

An  Act  to  provide  for  the  Establishment  and  Maintenance  of  an  Inde- 
pendent Agricultural  School  in  the  County  of  Norfolk. 

SECTION  1.  At  the  next  state  election  there  shall  be  placed  upon  the 
official  ballots  for  the  county  of  Norfolk  the  following  question:  —  "Shall 
the  county  of  Norfolk  authorize  the  county  commissioners  to  issue  bonds 
of  said  county  to  an  amount  not  exceeding  seventy-five  thousand  dollars 
for  the  purpose  of  establishing  an  independent  agricultural  school?" 

SECTION  2.  If  a  majority  of  the  voters  voting  on  the  above  question 
vote  in  the  affirmative,  then  the  establishment  and  maintenance  of  said 
school  shall  be  provided  for  as  follows:  —  The  name  of  the  school  shall  be 
" Norfolk  County  Agricultural  School.';  The  governor,  with  the  advice 
and  consent  of  the  council,  shall  appoint  four  persons,  one  for  the  term  of 
one  year,  one  for  the  term  of  two  years,  one  for  the  term  of  three  years  and 
one  for  the  term  of  four  years,  residents  of  the  county,  who,  together  with 
the  county  commissioners  for  the  county,  shall  be  known  as  the  trustees 
of  said  school;  and  it  shall  be  their  duty  to  provide  vocational  education  of 
the  kinds  authorized  by  section  three  of  this  act.  Said  trustees  shall  serve 
without  compensation,  but  shall  be  reimbursed  for  their  necessary  expenses, 
the  same  to  be  charged  and  paid  on  account  of  maintenance  as  hereafter 
provided.  The  said  trustees  are  hereby  authorized  to  determine  the  loca- 
tion of  the  said  school,  subject  to  its  approval  by  the  board  of  education, 
and,  subject  to  approval  by  the  said  board,  to  expend  an  amount  not  ex- 
ceeding seventy-five  thousand  dollars  in  the  purchase  of  real  estate,  altera- 
tion or  construction  of  buildings  and  provision  of  live  stock,  furnishings  and 
equipment  therefor. 

SECTION  3.  To  meet  the  cost  of  establishing  the  said  school,  the  county 
commissioners  are  hereby  authorized  to  issue  bonds  of  the  county  to  an 
amount  not  exceeding  seventy-five  thousand  dollars,  said  amount  to  be 
paid  over  to  the  trustees  upon  their  requisition  by  the  treasurer  of  the 
county.  Said  bonds  shall  be  issued  for  a  term  not  exceeding  twenty  years, 
and  shall  bear  interest  at  a  rate  not  exceeding  four  per  cent  per  annum, 
payable  semi-annually.  Each  authorized  issue  of  bonds  or  notes  shall  con- 
stitute a  separate  loan.  The  county  commissioners  shall  by  vote,  provide 
for  the  payment  of  each  loan  by  such  annual  payments,  beginning  not  more 
than  one  year  after  its  date,  as  will  extinguish  each  loan  within  twenty 
years  from  its  date,  and  in  such  manner  that  the  amount  of  principal  and 
interest  payable  in  any  year,  shall  not  be  less  than  the  amount  of  principal 
payable  in  any  subsequent  year.  When  such  a  vote  has  been  passed,  the 
annual  amount  required  shall,  without  further  vote,  be  assessed  according 
to  the  provisions  of  law  relating  to  the  assessment  of  county  taxes. 


14 

SECTION  4.  The  said  school  shall  be  maintained  by  the  trustees  as  a 
state-aided  vocational  school,  subject  to  the  approval  of  the  board  of  edu- 
cation, in  accordance  with  the  provisions  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  the  year  nineteen  hundred  and  eleven,  and  of 
any  acts  in  amendment  thereof  or  in  addition  thereto  not  inconsistent 
with  this  act. 

SECTION  5.  The  said  school  shall  provide  instruction  in  agriculture,  and 
at  such  time  as  may  be  approved  by  the  board  of  education,  in  household 
arts  or  home-making.  Short  unit  courses  of  instruction  may  be  given  both 
at  the  school  and  elsewhere  in  the  county.  Members  of  the  school  staff 
shall  investigate  farm  and  market  conditions  for  the  purpose  of  advising 
individuals  and  organizations  with  reference  to  better  business  methods 
among  farmers  and  more  satisfactory  methods  of  marketing  farm  products, 
shall  give  instruction  in  the  formation  of  co-operative  enterprises,  and  shall 
perform  any  other  work  calculated  to  promote  the  agricultural  or  rural 
development  of  the  county.  It  shall  be  the  duty  of  members  of  the  staff 
to  keep  in  touch  with,  and  to  bring  to  their  assistance,  all  agencies  in  the 
commonwealth  or  elsewhere  that  will  enable  them  to  utilize  the  latest  and 
best  knowledge  in  the  furtherance  of  their  work. 

SECTION  6.  Said  school  may  receive  and  utilize  gifts  considered  by  said 
trustees  and  the  board  of  education  to  be  not  inconsistent  with  its  pur- 
poses, but  principally  it  shall  be  supported  as  follows :  —  The  treasurer  of 
the  county  shall  pay  to  said  trustees  upon  their  requisition  such  sums,  not 
exceeding  in  the  aggregate  sixteen  thousand  dollars,  as  may  be  required  by 
them  for  the  maintenance  of  said  school  during  the  first  fiscal  year,  and  the 
amount  so  paid  shall  be  raised  by  taxation  in  the  same  manner  in  which  the 
other  expenses  of  the  county  are  provided  for.  Said  trustees  shall  annually, 
after  the  first  year,  in  consultation  with  and  with  the  approval  of  the  board 
of  education,  prepare  on  or  before  the  fifteenth  day  of  December,  an  esti- 
mate of  the  amount  required  to  establish,  equip  and  maintain  the  said 
school  for  the  ensuing  year;  and  the  said  amount  shall  be  included  by  the 
county  commissioners  of  the  county  in  the  estimate  required  by  section 
twenty-seven  of  chapter  twenty-one  of  the  Revised  Laws,  as  amended,  and 
if  the  amount  so  estimated,  or  any  part  thereof,  shall  be  authorized  by  the 
general  court  as  part  of  the  county  tax,  the  county  of  Norfolk  shall  raise 
by  taxation  the  sum  so  authorized,  and  it  shall  be  paid  by  the  county  treas- 
urer to  said  trustees  upon  their  requisition,  and  shall  be  expended  by  them 
for  the  purposes  for  which  it  was  authorized. 

SECTION  7.  In  order  to  reduce  the  net  cost  to  county  and  state  of  the 
said  school,  the  trustees  shall  apply  toward  the  expense  of  maintenance 
such  miscellaneous  income  as  receipts  from  tuition  collected  on  account  of 
non-resident  pupils  in  places  outside  of  the  county  of  Norfolk,  and  receipts 
from  the  sale  of  products  and  from  the  work  of  pupils. 

SECTION  8.  Said  county  shall  be  reimbursed  by  the  commonwealth  for 
the  expenditures  made  for  the  maintenance  of  said  school  in  the  manner 
and  proportion  provided  for  the  reimbursement  of  certain  counties,  cities 
and  towns  by  chapter  four  hundred  and  seventy-one  of  the  acts  of  the  year 


15 

nineteen  hundred  and  eleven  and  acts  in  amendment  thereof  or  in  addition 
thereto. 

SECTION  9.  Said  school,  to  the  extent  of  the  capacity  of  the  various 
courses  provided  for  in  accordance  with  section  five  of  this  act,  shall  be  free 
for  attendance  to  residents  of  said  county  over  fourteen  and  under  twenty- 
five  years  of  age;  and,  to  persons  residents  of  the  commonwealth  over 
seventeen  years  of  age  in  such  numbers  and  for  such  instruction  as  shall  be 
approved  by  the  board  of  education.  Any  resident  over  fourteen  years  of 
age  of  a  city  or  town  in  Massachusetts  outside  of  said  county  which  does 
not  maintain  a  state-aided  vocational  school  offering  the  type  of  education 
desired,  may  be  admitted  to  this  school  in  accordance  with  the  provisions 
governing  admission  of  non-resident  pupils  and  tuition  fees  contained  in 
said  chapter  four  hundred  and  seventy-one. 

SECTION  10.  The  provisions  of  chapter  five  hundred  and  thirty  of  the 
acts  of  the  year  nineteen  hundred  and  eight,  as  amended  by  chapter  five 
hundred  and  sixty-seven  of  the  acts  of  the  year  nineteen  hundred  and  ten, 
for  half  rate  fare  upon  street  railways  shall  apply  to  pupils  of  the  said 
school. 

SECTION  11.  Section  one  of  this  act  shall  take  effect  upon  its  passage. 
The  remainder  of  the  act  shall  take  effect  upon  its  acceptance  by  the  voters 
of  the  county,  as  provided  in  section  two.  [Approved  April  21,  1915. 

CHAPTER  197. 
An  Act  relative  to  the  Retirement  System  for  Public  School  Teachers. 

* 

SECTION  1.  Section  five  of  chapter  eight  hundred  and  thirty-two  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen,  is  hereby  amended  by 
adding  thereto  the  following  new  paragraph: —  (4)  Members  of  the  re- 
tirement association,  established  by  chapter  five  hundred  and  thirty-two 
of  the  acts  of  the  year  nineteen  hundred  and  eleven,  as  amended,  who  enter 
the  service  of  the  public  schools  shall  have  the  full  amount  of  their  contri- 
butions, together  with  such  interest  as  shall  have  been  earned  thereon, 
transferred  by  the  treasurer  of  the  commonwealth  to  the  annuity  fund 
established  by  paragraph  (2)  of  this  section,  and  these  amounts  shall 
thereby  become  a  part  of  their  assessments. 

SECTION  2.  Section  six  of  said  chapter  eight  hundred  and  thirty-two 
is  hereby  amended  by  adding  thereto  the  following  new  paragraph:  — 
(7)  In  determining  the  retiring  allowance  of  a  member  of  the  teachers'  re- 
tirement association  who  prior  to  the  first  day  of  June,  nineteen  hundred 
and  twelve,  had  been  regularly  employed  by  the  commonwealth,  credit 
shall  be  given  in  the  manner  provided  for  by  paragraph  (5)  of  this  section, 
for  all  such  periods  of  employment  rendered  prior  to  the  first  day  of  June, 
nineteen  hundred  and  twelve:  provided,  however,  that  this  paragraph  shall 
not  apply  to  any  person  becoming  a  member  of  the  teachers'  retirement 
association,  after  the  first  day  of  July,  nineteen  hundred  and  fifteen,  who, 
at  the  time  of  entering  the  service  of  the  public  schools,  was  not  a  member 
of  the  retirement  association  established  by  chapter  five  hundred  and 
thirty-two  of  the  acts  of  the  year  nineteen  hundred  and  eleven. 


16 

SECTION  3.  The  paragraph  headed  "A.  Refunds.  —  (a) "  of  section  six 
of  chapter  five  hundred  and  thirty-two  of  the  acts  of  the  year  nineteen 
hundred  and  eleven,  as  amended,  by  chapter  five  hundred  and  eighty-two 
of  the  acts  of  the  year  nineteen  hundred  and  fourteen,  is  hereby  further 
amended  by  inserting  in  said  paragraph,  after  the  word  "death",  the 
words:  —  or  to  enter  the  service  of  the  public  schools  as  defined  by  para- 
graph (5)  of  section  one  of  chapter  eight  hundred  and  thirty-two  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen,  —  so  that  said  paragraph 
will  read  as  follows: —  (2)  A.  Refunds.  —  (a).  Should  a  member  of  the 
association  cease  to  be  an  employee  of  the  commonwealth  for  any  cause 
other  than  death,  or  to  enter  the  service  of  the  public  schools  as  defined 
by  paragraph  (5)  of  section  one  of  chapter  eight  hundred  and  thirty-two 
of  the  acts  of  the  year  nineteen  hundred  and  thirteen,  before  becoming 
entitled  to  a  pension,  there  shall  be  refunded  to  him  all  the  money  paid 
in  by  him  under  section  five,  (2)  A,  with  such  interest  as  shall  have  been 
earned  thereon. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  22,  1915. 

CHAPTER  198. 

An  Act  relative  to  the  Retirement  System  for  the  Employees  of  the  Com- 
monwealth. 

SECTION  1.  Paragraph  (/)  of  section  one  of  chapter  five  hundred  and 
thirty-two  of  the  acts  ot  the  year  nineteen  hundred  and  eleven,  as  amended 
by  chapter  three  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen 
hundred  and  twelve  and  "by  chapter  five  hundred  and  sixty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  fourteen,  is  hereby  further  amended 
by  adding  at  the  end  of  said  paragraph  the  words:  —  In  the  case  of  em- 
ployees who  before  entering  the  service  of  the  commonwealth  had  been 
regularly  employed  as  teachers  in  public  schools,  as  defined  by  paragraphs 
(4)  and  (5)  of  section  one  of  chapter  eight  hundred  and  thirty-two  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen,  all  periods  of  such  employ- 
ment rendered  prior  to  July  first,  nineteen  hundred  and  fourteen,  shall  be 
counted  as  a  part  of  the  continuous  service  for  the  purposes  of  this  act: 
provided,  however,  that  this  clause  shall  not  apply  to  employees  entering  the 
service  of  the  commonwealth  after  July  first,  nineteen  hundred  and  four- 
teen, who  are  not  members  of  the  teachers'  retirement  association  estab- 
lished by  said  chapter  eight  hundred  and  thirty-two. 

SECTION  2.  Paragraph  (2)  A  of  section  five  of  said  chapter  five  hundred 
and  thirty-two  is  hereby  amended  by  adding  at  the  end  thereof  the  follow- 
ing paragraph :  — •  Members  of  the  teachers'  retirement  association,  estab- 
lished by  chapter  eight  hundred  and  thirty-two  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen,  who  enter  the  service  of  the  commonwealth 
shall  have  the  full  amount  of  their  contributions,  with  interest  thereon  as 
determined  by  the  teachers'  retirement  board,  transferred  by  the  treasurer 
of  the  commonwealth  to  the  retirement  fund  established  by  chapter  five 
hundred  and  thirty-two  of  the  acts  of  the  year  nineteen  hundred  and  eleven, 
as  amended,  and  these  amounts  shall '  thereby  become  a  part  of  their 
deposits. 


17 

SECTION  3.  Paragraph  (1)  of  section  seven  of  chapter  eight  hundred 
and  thirty-two  of  the  acts  of  the  year  nineteen  hundred  and  thirteen  is 
hereby  amended  by  inserting  after  the  word  " schools",  in  the  second  line, 
the  words:  —  except  for  the  purpose  of  entering  the  service  of  the  com- 
monwealth, —  so  as  to  read  as  follows:  —  (1)  Any  member  of  the  retire- 
ment association  withdrawing  from  service  in  the  public  schools,  except 
for  the  purpose  of  entering  the  service  of  the  commonwealth,  before  be- 
coming eligible  to  retirement  shall  be  entitled  to  receive  from  the  annuity 
fund  all  amounts  contributed  as  assessments,  together  with  regular  interest 
thereon,  in  the  manner  hereinafter  provided. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  22,  1915. 

CHAPTER  225. 

An  Act  to  provide  for  an  Independent  Vocational  School  in  the  County  of 

Hampshire. 

SECTION  1.  At  the  next  state  election  there  shall  be  placed  upon  the 
official  ballots  for  the  county  of  Hampshire  the  following  question:  " Shall 
the  County  of  Hampshire  maintain  an  Independent  Vocational  School?" 

SECTION  2.  If  (A)  a  majority  of  the  voters  voting  on  the  above  question 
vote  in  the  affirmative;  and  if  (B)  the  city  of  Northampton  causes  to  be 
tendered  to  the  county  for  the  maintenance  of  the  said  school  the  use, 
free  of  charge  to  the  county,  of  the  land,  buildings  and  equipment,  and 
any  improvements  thereon  or  additions  thereto  which  may  hereafter  be 
made,  of  the  present  state-aided  vocational,  school,  known  as  Smith's 
agricultural  school  and  Northampton  school  of  industries,  and  notifies  the 
board  of  education  in  writing  to  that  effect,  then  (C)  the  county  of  Hamp- 
shire shall  maintain  an  independent  vocational  school  in  accordance  with 
the  following  provisions,  to  wit:  — 

1.  The  name  of  the  school  shall  be  Smith's  Agricultural  School. 

2.  The  school  shall  be  maintained  as  a  state-aided  vocational  school, 
subject  to  the  approval  of  the  board  of  education,  in  accordance  with  the 
provisions  of  chapter  four  hundred  and  seventy-one  of  the  acts  of  the  year 
nineteen  hundred  and  eleven  and  of  any  acts  in  amendment  thereof  or  in 
addition  thereto  not  inconsistent  with  this  act. 

3.  The  local  board  of  trustees  for  said  school  shall  consist  of  five  mem- 
bers, one  appointed  by  the  governor  for  a  term  of  four  years,  the  chairman 
of  the  county  commissioners  of  the  county  of  Hampshire,  ex  officio,  and 
the  three  trustees  elected  by  the  city  of  Northampton  in  accordance  with 
the  terms  of  the  will  of  Oliver  Smith,  ex  officiis;  and  it  shall  be  their  duty 
to  maintain  vocational  education  of  the  kinds  authorized  by  section  three 
of  this  act. 

4.  The  said  local  board  of  trustees,  for  and  on  behalf  of  the  said 
county,  shall  serve  without  compensation,  but  shall  be  reimbursed  for 
their  necessary  expenses,  which  shall  be  charged  and  paid  on  account  of 
maintenance  as  hereinafter  provided. 

5.  The  three  ex  officiis  trustees  elected  by  the  city  of  Northampton, 


18 

for  and  on  behalf  of  the  city  of  Northampton,  shall  make  the  written  re- 
ports upon  their  "care  and  management  of  the  income"  received  under 
the  will  of  Oliver  Smith  for  Smith's  Agricultural  School,  and  upon  "the 
state  of  the  funds,  the  expenditures,  the  improvements  made  on  the  prem- 
ises, and  the  state  of  the  school  and  institution  generally;  and  also  the 
state  and  condition  of  the  proceeds  and  income  of  the  establishment", 
required  by  said  will;  and  for  their  services  of  "control  and  superintend- 
ence" the  said  three  trustees  shall  receive  from  the  income  received  under 
the  will  of  Oliver  Smith  the  "meet  recompense"  for  which  provision  is 
made  in  the  said  will. 

6.  The  three  ex  officiis  trustees  elected  by  the  city  of  Northampton 
shall  use  so  much  as  may  be  necessary  of  the  annual  income  received  by 
the  city  of  Northampton  under  the  will  of  Oliver  Smith  for  (A)  land,  build- 
ing and  equipment  purposes,  including  repayment  of  building  and  equip- 
ment loans  now  in  process  of  liquidation;   and  may  use  the  remainder  of 
said  income  at  their  discretion  for  (B)  other  purposes,  not  inconsistent 
with  the  said  will,  which  shall  promote  the  welfare  and  progress  of  the  said 
county  school. 

7.  The  city  of  Northampton  may  withdraw  or  cause  to  be  withdrawn 
from  the  county  of  Hampshire  the  privilege  of  maintaining  an  independent 
vocational  school  on  the  said  premises  by  giving  written  notice  to  the  board 
of  education  not  less  than  two  years  prior  to  the  date  upon  which  the  said 
privilege  is  to  be  withdrawn. 

8.  In  any  event  the  title  to  the  land,  buildings  and  equipment,  with  all 
additions  thereto  or  improvements  thereon,  with  the  exception  of  any 
equipment  not  purchasable  under  the  terms  of  the  will  of  Oliver  Smith 
from  the  income  received  under  said  will,  shall  remain  permanently  in 
the  possession  of  the  city  of  Northampton. 

9.  The  board  of  education,  for  and  on  behalf  of  the  county,  may  termi- 
nate the  maintenance  of  an  independent  vocational  school  upon  the  said 
premises  by  giving  written  notice  to  the  city  of  Northampton  two  years 
prior  to  the  date  on  which  said  maintenance  is  to  terminate. 

10.  In  the  event  that  maintenance  of  said  school  by  the  county  termi- 
nates, any  equipment  purchased  at  the  expense  of  the  county  shall  be  dis- 
posed of  by  said  trustees  in  such  manner  as  shall  be  approved  by  the  board 
of  education,  and  the  proceeds  shall  be  paid  by  the  said  trustees  to  the 
treasurer  of  the  said  county. 

COURSES  AND   METHODS   OF  INSTRUCTION. 

SECTION  3.  The  school  authorized  by  this  act  shall  maintain  such 
kinds  of  vocational  training  permitted  by  chapter  four  hundred  and 
seventy-one  of  the  acts  of  the  year  nineteen  hundred  and  eleven,  and  of 
any  acts  in  amendment  thereof  or  in  addition  thereto  as  are  not  inconsis- 
tent with  this  act.  Short  unit  courses  of  instruction  may  be  given  both 
at  the  school  and  elsewhere  in  the  county.  Members  of  the  school  staff 
shall  investigate  farm  and  market  conditions  for  the  purpose  of  advising 


19 

individuals  and  organizations  with  reference  to  better  business  methods 
among  farmers  and  more  satisfactory  methods  of  marketing  farm  products ; 
shall  give  instruction  in  the  formation  of  co-operative  enterprises;  and  shall 
perform  any  other  work  adapted  to  promote  the  agricultural  or  rural  de- 
velopment of  the  county.  It  shall  be  the  duty  of  members  of  the  staff  to 
keep  in  touch  with,  and  to  bring  to  their  assistance,  all  agencies  in  the 
commonwealth  or  elsewhere  that  will  enable  them  to  utilize  the  latest  and 
best  knowledge  in  the  furtherance  of  their  work. 

COUNTY  AND   STATE   SUPPORT. 

SECTION  4.  The  said  school  may  receive  gifts  considered  by  said  trus- 
tees and  the  board  of  education  to  be  not  inconsistent  with  its  purpose, 
but  principally  it  shall  be  supported  as  follows :  — 

1.  The  said  local  board  of  trustees  shall  prepare  annually,  in  consulta- 
tion with  and  with  the  approval  of  the  board  of  education,  on  or  before 
the  fifteenth  day  of  December,  an  estimate  of  the  amount  required  to 
maintain  the  said  school  for  the  ensuing  year  and  to  provide  such  equip- 
ment as  may  not  be  purchasable  under  the  terms  of  the  will  of  Oliver  Smith 
from  the  income  received  under  that  will;   and  said  amount  shall  be  in- 
cluded by  the  county  commissioners  of  the  county  of  Hampshire  in  the 
estimate  required  by  section  twenty-seven  of  chapter  twenty-one  of  the 
Revised  Laws,  as  amended. 

2.  If  the  amount  so  estimated,  or  any  part  thereof,  shall  be  authorized 
by  the  general  court  as  part  of  the  county  tax,  the  county  of  Hampshire 
shall  raise  by  taxation  the  sum  authorized,  and  the  sum  so  raised  shall  be 
paid  by  the  treasurer  of  the  county  to  said  trustees  upon  their  requisition. 

3.  Said  trustees,  subject  to  the  provisions  of  said  chapter  four  hundred 
and  seventy-one  of  the  acts  of  the  year  nineteen  hundred  and  eleven,  and 
of  section  three  of  this  act,  shall  expend  the  sum  appropriated  for  the 
purposes  designated,  together  with  such  miscellaneous  income  as  receipts 
from  tuition  collected  on  account  of  non-resident  pupils  from  outside  the 
county  of  Hampshire,  and  receipts  from  the  sale  of  products  and  from  the 
work  of  pupils. 

4.  The  county  shall  be  reimbursed  for  the  expenditures  made  for  the 
maintenance  of  the  said  school  in  the  manner  and  proportion  provided 
for  the  reimbursement  of  certain  counties,  cities  and  towns  by  chapter 
four  hundred  and  seventy-one  of  the  acts  of  the  year  nineteen  hundred 
and  eleven  and  acts  in  amendment  thereof  or  in  addition  thereto. 

5.  Upon  the  passage  of  this  act,  (A)  said  county  shall  raise  by  taxation 
for  the  maintenance  of  said  school  during  the  next  fiscal  year  of  the  com- 
monwealth, a  sum  not  less  than  the  amount  expended  for  maintenance  by 
Smith's  agricultural  school  and  Northampton  school  of  industries  during 
the  fiscal  year  of  the  commonwealth  then  current;   (B)  said  sum  shall  be 
included  in  the  estimate  prepared  by  the  county  commissioners  of  the 
county  of  Hampshire  in  accordance  with  section  twenty-seven  of  chapter 
twenty-one  of  the  Revised  Laws  as  amended;    and  (C)  the  instruction 


20 

offered  by  said  school,  to  the  extent  of  its  capacity,  shall  be  free  to  residents 
of  said  county,  beginning  with  the  fiscal  year  for  which  the  first  county 
appropriation  is  made. 

SECTION  5.  Said  school,  to  the  extent  of  the  capacity  of  the  various 
courses  provided  for  in  section  three  of  this  act,  shall  be  free  for  attendance 
to  residents  of  said  county  over  fourteen  and  under  twenty-five  years  of 
age;  and  to  persons  over  seventeen  years  of  age  in  such  numbers  and  for 
such  instruction  as  shall  be  approved  by  the  board  of  education.  Any 
resident  over  fourteen  years  of  age  of  a  city  or  town  in  Massachusetts  out- 
side said  county  which  does  not  maintain  a  state-aided  vocational  school 
offering  the  type  of  education  desired,  may  be  admitted  to  this  school  in 
accordance  with  the  provisions  governing  the  admission  of  non-resident 
pupils  and  tuition  fees  contained  in  said  chapter  four  hundred  and  seventy- 
one. 

SECTION  6.  Any  town  in  said  county  may,  however,  establish,  equip 
and  maintain,  with  the  approval  of  the  board  of  education,  a  school  for 
state-aided  vocational  education;  and  nothing  in  this  act  shall  interfere 
with  the  rights  and  obligations  under  said  chapter  four  hundred  and 
seventy-one  and  acts  in  amendment  thereof  or  in  addition  thereto,  not  in- 
consistent with  this  act,  of  any  town  which  may  have  established  such  a 
school,  or  may  hereafter  desire  to  do  so. 

SECTION  7.  The  provisions  of  chapter  five  hundred  and  thirty  of  the 
acts  of  the  year  nineteen  hundred  and  eight,  as  amended  by  chapter  five 
hundred  and  sixty-seven  of  the  acts  of  the  year  nineteen  hundred  and  ten, 
relative  to  half-rate  fare  upon  street  railways  for  school  children  shall 
apply  to  pupils  of  the  said  school.  [Approved  May  5,  1915. 

CHAPTER  249. 
An  Act  relative  to  Admission  to  the  Bar  of  Attorney s-at-Law. 

SECTION  1.  Section  forty  of  chapter  one  hundred  and  sixty-five  of  the 
Revised  Laws,  as  amended  by  section  one  of  chapter  three  hundred  and 
fifty-five  of  the  acts  of  the  year  nineteen  hundred  and  four  and  by  section 
one  of  chapter  six  hundred  and  seventy  of  the  acts  of  the  year  nineteen 
hundred  and  fourteen,  is  hereby  further  amended  by  striking  out  the 
words  "an  applicant  for  admission  to  the  bar  shall  not  be  required  to  be 
a  graduate  of  any  high  school,  college  or  university",  in  the  sixth,  seventh 
and  eighth  lines,  and  inserting  in  place  thereof  the  words:  —  any  appli- 
cant for  admission  to  the  bar  who  is  a  graduate  of  a  college  or  who  has 
complied  with  the  entrance  requirements  of  a  college,  or  who  has  fulfilled 
for  two  years  the  requirements  of  a  day  or  evening  high  school  or  of  a 
school  of  equal  grade,  shall  not  be  required  to  take  any  examination  as  to 
his  general  education,  —  so  as  to  read  as  follows :  —  Section  40.  Said 
board  l  may,  subject  to  the  approval  of  the  supreme  judicial  court,  make 
rules  with  reference  to  examinations  for  admission  to  the  bar  and  the 
qualifications  of  applicants  therefor,  and  determine  the  time  and  place 

1  Board  of  Bar  Examiners. 


21 

of  all  such  examinations,  and  conduct  the  same:  provided,  however,  that 
any  applicant  for  admission  to  the  bar  who  is  a  graduate  of  a  college  or 
who  has  complied  with  the  entrance  requirements  of  a  college,  or  who 
has  fulfilled  for  two  years  the  requirements  of  a  day  or  evening  high  school 
or  of  a  school  of  equal  grade,  shall  not  be  required  to  take  any  examina- 
tion as  to  his  general  education.  From  the  fees  received  under  the  pro- 
visions of  the  following  section  the  expenses  of  said  board,  as  certified  by 
its  chairman  and  approved  by  a  justice  of  the  supreme  judicial  court, 
shall  be  paid,  and  from  the  remainder  of  said  fees  the  members  shall  re- 
ceive such  compensation  as  the  justices  of  the  supreme  judicial  court  or 
a  majority  of  them  may  allow. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  11,  1915. 

CHAPTER  266. 

An  Act  to  provide  for  the  Establishment  and  Maintenance  of  Day  and 
Evening  Classes  in  Practical  Arts  for  Women. 

SECTION  1.  Chapter  one  hundred  and  six  of  the  acts  of  the  year  nine- 
teen hundred  and  twelve  is  hereby  amended  by  inserting  after  the  word 
" separate",  in  the  third  line,  the  words:  —  day  and,  —  by  striking  out 
the  words  "shall  be  open  to  all",  in  the  fifth  line,  and  inserting  in  place 
thereof  the  words :  —  If  day  classes  only,  or  evening  classes  only,  are  es- 
tablished, they  shall  be  open  to  all  women  over  sixteen  years  of  age;  if 
both  day  and  evening  classes  are  established  the  day  classes  shall  be  open 
only  to  women  over  sixteen  years  of  age,  and  the  evening  classes  shall  be 
open  only  to,  —  and  by  striking  out  the  word  "and  ",  in  the  sixth  line,  and 
inserting  in  place  thereof  the  words :  —  Such  classes,  —  so  as  to  read  as 
follows :  —  Any  city  or  town  may,  through  its  school  committee,  or  other 
board  of  trustees  for  vocational  education,  establish  and  maintain  separate 
day  and  evening  classes  in  household  and  other  practical  arts.  Such  classes 
shall  be  known  as  practical  art  classes.  If  day  classes  only,  or  evening 
classes  only,  are  established,  they  shall  be  open  to  all  women  over  six- 
teen years  of  age;  if  both  day  and  evening  classes  are  established  the  day 
classes  shall  be  open  only  to  women  over  sixteen  years  of  age,  and  the 
evening  classes  shall  be  open  only  to  women  over  seventeen  years  of  age 
who  are  employed  in  any  capacity  during  the  day.  Such  classes  may  be 
established  and  maintained  as  approved  state-aided  practical  art  classes 
under  the  provisions  of,  and  subject  to  all  the  conditions,  not  inconsistent 
with  this  act,  of  chapter  four  hundred  and  seventy-one  of  the  acts  of  the 
year  nineteen  hundred  and  eleven. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  20,  1915. 


8-20-15— Ed.  5000. 
Order  No.  1496. 


/ 


or.T  30 

THE    COMMONWEALTH    OF    ^MASSACHUSETTS 
BULLETIN    OF    THE     BOARD  k5F     EDUCATION 

1916,  NUMBER  2  1  WHOLE  NUMBER,  70 


EDUCATIONAL  LEGISLATION 
IN  1916 


Issued  by 


July   I,   1916 


BOSTON 

WEIGHT  &  POTTEE  FEINTING  CO.,  STATE  PEINTEES 

32  DEENE  STEEET 

1916 


APPROVED  BY 
THE  STATE  BOARD  OF  PUBLICATION. 


Edition  5, 000 
7-1-16 


THE    COMMONWEALTH    OF    MASSACHUSETTS 
BULLETIN    OF    THE     BOARD     OF     EDUCATION 

1916,  NUMBER  21  WHOLE  NUMBER,  70 


EDUCATIONAL  LEGISLATION 
IN  1916 


Issued  by  the  Board  of  Education,  July   1,   1916 


BOSTON 

WEIGHT  &  POTTEB  FEINTING  CO.,  STATE  PEINTEES 

32  DEENE  STEEET 

1916 


APPROVED  BY 
THE  STATE  BOARD  OF  PUBLICATION. 


Edition  5, 000 
7-1-16 


EDUCATIONAL  LEGISLATION 

ENACTED  BY  THE  GENERAL  COURT  IN  1916. 


CONTENT. 

This  pamphlet  contains  legislation  relating  to  public  educa- 
tion enacted  by  the  General  Court  during  the  session  of  1916. 
Resolves  appropriating  money  for  specific  purposes  or  to  meet 
annual  expenditures  and  special  acts  relating  to  specific  com- 
munities or  institutions  are  omitted.  The  legislation  is  grouped 
as  follows :  — 

PAGE 

PART  I.  —  LEGISLATION  CONFERRING  POWERS  AND  DUTIES  ON  THE  BOARD 
OF  EDUCATION  AND  THE  COMMISSIONER  OF  EDUCATION. 

1.  Resolve  directing  the  Board  of  Education  to  investigate  the  subject  of 

special  training  for  injured  persons  (Res.,  chapter  75),        .          .         5 

2.  Resolve  providing  for  the  maintenance  and  exhibition,  by  the  Board 

of  Education,  of  the  educational  exhibit  shown  at  the  Panama- 
Pacific  International  Exposition  (Res.,  chapter  156),  .  .  5 

3.  Resolve  establishing  a  special  commission,  composed  of  the  Commis- 

sion on  Economy  and  Efficiency,  the  Commissioner  of  Educa- 
tion, and  three  persons  to  be  appointed  by  the  Governor,  for 
the  purpose  of  investigating  the  subject  of  agricultural  educa- 
tion as  conducted  at  the  Massachusetts  Agricultural  College 
and  the  development  of  the  agricultural  resources  of  the 
Commonwealth  (Res.,  chapter  106),  .....  5 

4.  An  Act  to  authorize  the  towns  of  Salisbury  and  Newbury  to  establish 

and  maintain  a  union  high  school,  with  standards  specified 

and  approved  by  the  Board  of  Education  (S.  A.,  chapter  265),         7 

5.  Reference  to  additional  powers  and  duties  conferred  on  the  Board  of 

Education,  and  printed  in  Part  II.  of  this  Bulletin,    ...         7 

PART  II.  —  LEGISLATION  (A)  OF  GENERAL  IMPORT  TO  THE  PUBLIC  SCHOOLS; 

(B)     RELATING     TO     VOCATIONAL     EDUCATION;     AND     (C)     THE 

RETIREMENT  OF  TEACHERS. 
A.     Legislation  of  general  import  to  the  public  schools :  — 

1.  Employment  of  certain  minors  in  summer  season  (G.  A.,  chapter 

66),  .  8 

2.  Exemption  of  illiterate  married  women  from  compulsory  attend- 

ance on  evening  school  (G.  A.,  chapter  82),    ....         9 

3.  Continuous   registration   of   minors   by   attendance   officers,    on 

form  of  card  prescribed  by  the  Board  of  Education  (G.  A., 
chapter  102),  9 


B.  Legislation  relating  to  vocational  education:  — 

1.  Co-operative  courses  in  public  schools,  and  the  employment  of 

pupils  in  co-operating  agencies  (G.  A.,  chaptor  95),          .          .       13 

2.  Independent  industrial  shoemaking  school  in  the  city  of  Lynn 

(G.  A.,  chapter  174), 15 

3.  Cities  authorized  to  maintain  schools  of  agriculture  and  horti- 

culture, upon  acceptance  of  provisions  of  chapter  185,  General 
Acts  of  1916  (G.  A.,  chapter  185), 16 

C.  Legislation  relating  to  the  retirement  of  teachers  in  the  public  schools, 

and  also  in  training  schools  under  the  direction  of  the  Board  of 
Education:  — 

1.  Retirement  of  teachers  and  other  employees  in  training  schools 

under  the  direction  of  the  Board  of  Education  (G.  A.,  chapter 

54) 17 

2.  Refunds  to  members  of  the  Teachers'  Retirement  Association, 

upon  withdrawal  from  service  in  the  public  schools  (G.  A., 
chapter  60) 18 

3.  Pledge,  mortgage,  assignment  or  transfer  of  pensions  made  pun- 

ishable by  fine  (G.  A.,  chapter  75),        .          .  •  .          .19 

4.  Services  rendered  by  pensioners  or  annuitants  to  municipalities 

and  counties  (G.  A.,  chapter  88), 19 

5.  Certain    payments    under    the    retirement     system    for    public 

school  teachers  in  case  of  deceased  members  of  the  association 

(G.  A.,  chapter  238), 20 

6.  "Regular  interest"  and  "retirement  allowances"  in  connection 

with  the  retirement  system  for  public  school  teachers  (G.  A., 
chapter  257), 21 

7.  Resolve  providing  for  an  investigation  by  the  Teachers'  Retire- 

ment Board  of  the  subject  of  a  disability  retirement  allowance 

for  public  school  teachers  (Res.,  chapter  152),         ...       22 

PART  III.  —  ADDITIONAL  LEGISLATION  OF  INTEREST  IN  EDUCATION. 

1.  Appointment  01  special  Board  to  consider  the  subject  of  physical  train- 

ing for  boys  and  girls  in  the  public  schools  (Res.,  chapter  90),       23 

2.  Massachusetts  Commission  for  the  Blind  in  relation  to  the  education 

of  children,  and  the  vocational  guidance  of  adults,  having 
seriously  defective  eyesight  (G.  A.,  chapter  160),  ...  23 

3.  Massachusetts  Commission  for  the  Blind  given  charge  of  the  instruction 

of  the  adult  blind  at  their  homes;  report  thereon  no  longer 
required  to  be  made  to  the  Board  of  Education  (G.  A.,  chapter 
201), 24 

4.  Certain   military   organizations    of    students    authorized    to    drill    and 

parade  with  firearms  (G.  A.,  chapter  8),          .          .          .          .25 

5.  Relative  to  the  misuse  of  the  flag  (G.  A.,  chapter  36) ;  also  references  to 

other  legislation  as  to  use  and  display  thereof,      ...       26 


PART  I.  -  LEGISLATION  CONFERRING  POWERS  AND 
DUTIES  ON  THE  BOARD  OF  EDUCATION. 


RESOLVES,  CHAPTER  75. 

Resolve  directing  the  Board  of  Education  to  investigate  the  Subject  of 
Special  Training  for  Injured  Persons. 

Resolved,  That  the  board  of  education  is  hereby  directed  to  ascertain, 
and  to  report  to  the  next  general  court,  on  or  before  the  second  Tuesday 
of  January,  what  facilities  exist  in  this  commonwealth  and  what  provisions 
have  been  made  to  give  special  training  and  instruction  to  persons  who 
have  suffered  the  loss  of  sight,  or  loss  of  or  injury  to  a  limb,  or  other  severe 
injury,  and  whose  earning  capacity  has  been  destroyed  or  impaired  thereby, 
for  the  purpose  of  re-establishing  or  increasing  the  ability  of  such  persons 
to  earn  a  livelihood,  and  also  to  investigate  and  report  what  provision 
has  been  made  or  opportunity  furnished  for  the  objects  aforesaid  in  other 
states  and  in  foreign  countries.  The  board  shall  include  in  its  report  a 
statement  of  its  opinion  as  to  the  advisability  of  action  on  the  part  of  the 
commonwealth  to  establish  or  extend  means  for  training  and  instruction 
as  aforesaid,  and  shall  submit  drafts  of  such  legislation,  if  any,  as  the  board 
may  deem  expedient  in  the  premises.  [Approved  May  1,  1916. 

RESOLVE,  CHAPTER  156. 

Resolve  providing  for  the  Maintenance  and  Exhibition  by  the  Board  of 
Education  of  the  Educational  Exhibit  shown  at  the  Panama-Pacific 
International  Exposition. 

Resolved,  That  the  educational  exhibit  shown  by  the  commonwealth 
at  the  Panama-Pacific  International  Exposition  shall  be  delivered  to  the 
board  of  education,  and  the  said  board  is  hereby  authorized  to  exhibit 
the  same  for  educational  purposes,  at  any  place  within  the  commonwealth, 
and  may  expend  for  the  purpose  of  maintaining  and  showing  the  said 
exhibit  during  the  present  fiscal  year  a  sum  not  exceeding  six  hundred 
dollars.  [Approved  June  1,  1916. 

RESOLVE,  CHAPTER  106. 

Resolve  providing  for  an  Investigation  by  a  Special  Commission  of  Agri- 
cultural Education  at  the  Massachusetts  Agricultural  College  and 
the  Development  of  the  Agricultural  Resources  of  the  Commonwealth. 

Resolved,  That  a  special  commission  is  hereby  established,  to  be  composed 
of  the  commission  on  economy  and  efficiency,  the  commissioner  of  educa- 
tion, and  three  persons  to  be  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  for  the  purpose  of  investigating  the  subject  of 


6 

agricultural  education  as  conducted  at  the  Massachusetts  Agricultural 
College  and  the  development  of  the  agricultural  resources  of  the  com- 
monwealth. 

The  commission  shall  investigate  and  report  as  to  the  advisability  of 
further  expenditures  for  new  buildings,  additional  equipment,  the  purchase 
of  land  and  other  improvements  at  the  Massachusetts  Agricultural  College ; 
as  to  the  present  policy  of  the  college,  with  a  view  to  ascertaining  whether 
the  college  is  meeting  in  the  fullest  degree  the  needs  of  the  commonwealth 
in  respect  to  agricultural  training;  as  to  the  use  of  state  and  federal  ap- 
propriations and  grants;  as  to  the  operation  of  the  farm  department;  as 
to  the  educational  and  academic  instruction,  and  as  to  the  extension  work. 
The  commission  shall  ascertain  to  what  extent  teachers  are  engaged  in 
activities  other  than  college  instruction;  to  what  extent  students  are 
taught  practical  farming;  to  what  extent  the  college,  independently  of 
other  agencies,  contributes  toward  farming  and  agricultural  development; 
to  what  extent  the  lands,  buildings  and  equipment  may  economically  be 
utilized;  and  the  relative  cost  per  capita  for  the  education  of  state  and  out- 
of-state  students  in  the  various  courses  of  instruction,  including  compari- 
sons with  other  agricultural  institutions.  The  commission  shall  distinguish 
the  educational  from  the  other  activities  of  the  college;  shall  estimate  the 
cost  of  possible  future  development  of  the  college,  both  for  initial  appro- 
priations and  for  maintenance;  shall  consider  the  elimination  of  certain 
activities,  and  a  revision  of  the  courses  of  study  in  respect  to  the  character 
of  the  studies,  the  amount  of  time  devoted  to  them,  and  otherwise.  The 
commission  shall  ascertain  what  return,  if  any,  in  respect  to  the  agricultural 
activities  of  the  people  of  the  commonwealth,  is  made  by  graduate  state- 
educated  students,  and  what  benefits,  if  any,  might  accrue  to  the  welfare 
or  development  of  agriculture  in  the  commonwealth  by  a  co-ordination  of 
the  Massachusetts  Agricultural  College,  the  state  board  of  agriculture, 
the  forestry  department  and  the  department  of  animal  industry,  or  any 
of  them,  in  order  that  certain  obvious  existing  duplications  and  overlap- 
pings  of  activity  may  be  eliminated  and  that  the  work  of  the  said  depart- 
ments may  be  done  more  effectively  and  economically. 

The  commission  shall  report  what  operations  connected  with  agriculture, 
the  expenses  of  which  are  paid  by  the  state,  can  best  be  carried  on  at  the 
college  rather  than  under  the  direction  of  the  board  of  agriculture,  and 
what  operations  now  carried  on  at  the  college  can  better  be  performed 
under  the  direction  of  the  board  of  agriculture. 

The  commission  shall  further  report  whether  for  the  advancement  of 
agriculture  in  Massachusetts  it  is  advisable  that  the  college  be  continued 
as  at  present  organized. 

The  commission  shall  give  public  hearings,  and  shall  be  allowed  for 
necessary  expenses  such  sums,  not  exceeding  seventy-five  hundred  dollars, 
as  may  be  approved  by  the  governor  and  council.  The  commission  shall 
report  in  print  on  or  before  the  tenth  day  of  January,  nineteen  hundred 
and  seventeen,  and  shall  include  in  its  report  drafts  of  any  bills  necessary 
to  carry  out  its  recommendations.  [Approved  May  19,  1916. 


SPECIAL  ACTS,  CHAPTER  265. 

An  Act  to  authorize  the  Towns  of  Salisbury  and  Newbury  to  establish  and 
maintain  a  Union  High  School. 

SECTION  1.  The  towns  of  Salisbury  and  Newbury  are  hereby  author- 
ized to  establish  and  maintain  at  their  joint  expense  a  union  high  school, 
and  to  expend  therefor  such  sums  of  money  as  may  be  necessary  to  equip 
and  maintain  the  same.  The  control  of  such  high  school  shall  be  vested 
in  a  joint  committee  consisting  of  the  school  committees  of  both  towns, 
which  shall  determine  the  location  of  such  school. 

SECTION  2.  For  the  support  of  such  high  school  each  town  shall  re- 
ceive annually  from  the  treasury  of  the  commonwealth  such  sums  as  each 
would  be  entitled  to  receive  under  the  provisions  of  section  three  of  chapter 
forty-two  of  the  Revised  Laws,  and  chapter  two  hundred  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  acts  in  amendment  thereof  or  in  addi- 
tion thereto:  provided,  that  the  school  shall  be  maintained  in  accordance 
with  the  standards  specified  and  approved  by  the  board  of  education. 

SECTION  3.  The  annual  cost  of  operation  of  such  high  school  shall  be 
determined  by  the  joint  school  committees  of  the  two  towns. 

SECTION  4.  This  act  shall  take  full  effect  upon  its  acceptance  by  the 
towns  of  Salisbury  and  Newbury  at  any  town  meeting  called  for  the  pur- 
pose. [Approved  April  20,  1916. 

REFERENCE  TO  ADDITIONAL  POWERS  AND  DUTIES. 

Reference  is  made  to  the  following  General  Acts  of  1916,  as 
printed  in  Part  II.  of  this  bulletin,  conferring  additional  powers 
and  duties  on  the  Board  of  Education :  — 

See  chapter  95,  page  13,  for  definition  of  "co-operative  courses"  in 
the  public  schools  and  for  power  of  the  Board  of  Education  relating  thereto. 

See  chapter  102,  page  9,  for  power  of  Board  of  Education  to  prescribe 
form  of  card  for  continuous  registration  of  minors  by  attendance  officers. 

See  chapter  185,  page  16,  for  power  of  Board  of  Education  relating  to 
location  and  organization  of  schools  of  agriculture  and  horticulture  by 
cities  accepting  at  the  next  annual  State  election  (November,  1916)  the 
provisions  of  the  aforesaid  chapter. 

See  chapter  54,  page  17,  for  act  relating  to  the  retirement  of  teachers 
and  other  employees  in  training  schools  under  the  direction  of  the  Board 
of  Education. 


PART  II.  — LEGISLATION  (A)  OF  GENERAL  IMPORT 
TO  THE  PUBLIC  SCHOOLS;  (B)  RELATING  TO 
VOCATIONAL  EDUCATION;  AND  (C)  THE  RE- 
TIREMENT OF  TEACHERS. 


(A)     LEGISLATION    OF    GENERAL    IMPORT    TO    THE    PUBLIC 

SCHOOLS. 

GENERAL  ACTS,  CHAPTER  66. 

An  Act  relative  to  the  Employment  of  Certain  Minors  in  the  Summer 

Season. 

The  second  paragraph  of  section  seventeen  of  chapter  seven  hundred 
and  seventy-nine  of  the  acts  of  the  year  nineteen  hundred  and  thirteen  is 
hereby  amended  by  adding  at  the  end  thereof  the  following:  —  provided, 
however,  that  children  who  are  over  fourteen  but  under  sixteen  years  of 
age  and  who  do  not  possess  such  ability  to  read,  write  and  spell  in  the 
English  language  as  is  required  for  the  completion  of  the  fourth  grade  of 
the  public  schools  of  the  city  or  town  in  which  they  reside,  may  be  granted 
an  employment  certificate  good  for  the  summer  vacation,  subject  to  all 
other  provisions  relating  to  the  employment  of  children  between  fourteen 
and  sixteen  years  of  age,  —  so  that  said  second  paragraph  will  read  as 
follows:  —  No  such  school  record  shall  be  issued  or  accepted  and  no  em- 
ployment certificate  shall  be  granted  unless  the  child  possesses  the  educa- 
tional qualifications  enumerated  in  section  one  of  chapter  forty-four  of  the 
Revised  Laws  as  amended  by  section  one  of  this  act:  provided,  however, 
that  children  who  are  over  fourteen  but  under  sixteen  years  of  age  and  who 
do  not  possess  such  ability  to  read,  write  and  spell  in  the  English  language 
as  is  required  for  the  completion  of  the  fourth  grade  of  the  public  schools 
of  the  city  or  town  in  which  they  reside,  may  be  granted  an  employment 
certificate  good  for  the  summer  vacation,  subject  to  all  other  provisions 
relating  to  the  employment  of  children  between  fourteen  and  sixteen  years 
of  age.  [Approved  March  22,  1916. 

Chapter  66  provides  that  children  who  are  over  fourteen 
but  under  sixteen  years  of  age  may  work  during  summer  va- 
cation. In  other  words,  such  children,  within  the  aforesaid 
ages,  as  would  be  required  by  law  to  be  in  attendance  on  some 
day  school  (were  schools  in  session)  may  work  during  summer 


vacation  at  such  occupations  as  are  permitted  by  law  to  chil- 
dren between  fourteen  and  sixteen  years  of  age.  The  issuance 
of  the  certificate  required  is  subject  to  all  other  provisions 
relating  to  the  employment  of  children  between  fourteen  and 
sixteen  years  of  age. 

GENERAL  ACTS,  CHAPTER  82. 

An  Act  to  exempt  Certain  Illiterate  Married  Women  from  Compulsory 
Attendance  at  Evening  Schools. 

SECTION  1.  Section  one  of  chapter  four  hundred  and  sixty-seven  of 
the  acts  of  the  year  nineteen  hundred  and  thirteen  is  hereby  amended  by 
inserting  after  the  word  "age",  in  the  second  line,  the  words:  —  except 
married  women,  —  so  as  to  read  as  follows :  —  Section  1 .  Every  illiterate 
minor  between  sixteen  and  twenty-one  years  of  age,  except  married  women, 
shall  attend  some  public  evening  school  in  the  city  or  town  in  which  he 
resides  for  the  whole  time  during  which  the  public  evening  schools  are  in 
session :  provided,  that  such  city  or  town  maintains  a  public  evening  school. 
Attendance  at  a  public  day  school,  or  at  a  private  school  approved  for 
the  purpose  by  the  school  committee,  shall  exempt  such  minor  from  at- 
tending a  public  evening  school.  This  act  shall  not  affect  any  existing 
laws  regarding  the  compulsory  school  attendance  of  illiterate  minors  or 
their  employment,  but  shall  be  in  addition  to  such  laws. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  was  laid  before  the  governor  on  the  twenty-third  day  of 
March,  1916,  and  after  five  days  it  had  "the  force  of  a  law",  as  prescribed  by 
the  constitution,  as  it  was  not  returned  by  him  with  his  objections  thereto  within 
that  time.) 

The  purpose  of  chapter  82  is  to  exempt  illiterate  married 
women  from  compulsory  attendance  on  public  evening  school. 

GENERAL  ACTS,  CHAPTER  102. 
An  Act  relative  to  Registration  of  Minors. 

SECTION  1.  Section  three  of  chapter  forty-three  of  the  Revised  Laws, 
as  amended  by  chapter  four  hundred  and  forty-three  of  the  acts  of  the 
year  nineteen  hundred  and  fourteen,  is  hereby  further  amended  by  striking 
out  the  word  ic annually",  in  the  second  line,  by  striking  out  the  words 
"on  the  first  day  of  September,  and  such  record  shall  be  completed  on  or 
before  the  fifteenth  day  of  November",  in  the  tenth,  eleventh  and  twelfth 
lines,  and  by  adding  at  the  end  thereof,  the  words :  —  Attendance  officers 
or  the  attendance  department,  under  the  direction  of  the  school  committee 
and  superintendent  of  schools,  shall  have  charge  of  the  records  required 
by  this  section,  and  shall  be  responsible  for  their  completeness  and  accu- 


10 

racy.  A  card,  as  prescribed  by  the  board  of  education,  shall  be  kept  for 
every  child  whose  name  is  recorded  under  the  provisions  of  this  section. 
Principals,  teachers  and  supervisory  officers  shall  co-operate  with  attend- 
ance officers  in  the  discharge  of  their  duties  under  this  act. 

Attendance  officers  shall  compare  the  names  of  persons  enrolled  in  the 
public  and  private  schools  of  each  city  or  town  with  the  names  of  persons 
recorded  as  required  by  this  act,  and  examine  carefully  into  all  cases  where 
persons  of  school  age  are  not  enrolled  in,  and  attending  some  school,  as 
required  by  section  one  of  chapter  forty-four  of  the  Revised  Laws,  as 
amended  by  chapter  three  hundred  and  twenty  of  the  acts  of  the  year 
nineteen  hundred  and  five,  by  chapter  three  hundred  and  eighty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six,  and  by  section  one  of 
chapter  seven  hundred  and  seventy-nine  of  the  acts  of  the  year  nineteen 
hundred  and  thirteen. 

The  annual  school  committee  report  of  each  city  and  town  shall  contain, 
a  statement  of  the  number  of  persons  recorded  as  required  by  this  act, 
classified  by  ages,  together  with  a  statement  of  the  number  attending 
public  or  private  schools,  and  the  number  not  attending  school  in  any  given 
year,  as  required  by  section  one  of  chapter  forty-four  of  the  Revised  Laws, 
as  amended  by  chapter  three  hundred  and  twenty  of  the  acts  of  the  year 
nineteen  hundred  and  five,  by  chapter  three  hundred  and  eighty-three  of 
the  acts  of  the  year  nineteen  hundred  and  six,  and  by  section  one  of  chapter 
seven  hundred  and  seventy-nine  of  the  acts  of  the  year  nineteen  hundred 
and  thirteen. 

The  supervisory  officers  of  all  private  schools  in  the  commonwealth 
shall,  within  thirty  days  after  the  enrollment  or  registration  of  any  pupil 
of  compulsory  school  age,  report  the  name,  age  and  residence  of  the  pupil 
to  the  superintendent  of  schools  of  the  city  or  town  in  which  the  pupil 
resides;  and  whenever  the  pupil  withdraws  from  a  private  school,  the 
supervisory  officer  thereof,  shall,  within  ten  days,  notify  the  superintendent 
of  schools  of  the  city  or  town  in  which  the  pupil  resides,  —  so  as  to  read 
as  follows :  —  Section  8.  The  school  committee  of  each  city  and  town 
shall  ascertain  and  record  the  namesr  ages  and  such  other  information  as 
may  be  required  by  the  board  of  education,  of  all  children  between  five 
and  seven  years  of  age,  of  all  children  between  seven  and  fourteen  years 
of  age,  of  .all  children  between  fourteen  and  sixteen  years  of  age,  and  of  all 
minors  over  sixteen  years  of  age  who  cannot  read  at  sight  and  write  legibly 
simple  sentences  in  the  English  language,  residing  in  its  city  or  town.  Who- 
ever, having  under  his  control  a  minor  over  five  years  of  age,  withholds 
information  sought  by  a  school  committee  or  its  agents  under  the  provisions 
of  this  section  or  makes  a  false  statement  relative  thereto,  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars.  Attendance  officers  or  the  at- 
tendance department,  under  the  direction  of  the  school  committee  and 
superintendent  of  schools,  shall  have  charge  of  the  records  required  by 
this  section,  and  shall  be  responsible  for  their  completeness  and  accuracy. 
A  card,  as  prescribed  by  .the  board  of  education,  shall  be  kept  for  every 


11 

child  whose  name  is  recorded  under  the  provisions  of  this  section.  Princi- 
pals, teachers  and  supervisory  officers  shall  co-operate  with  attendance 
officers  in  the  discharge  of  their  duties  under  this  act. 

Attendance  officers  shall  compare  the  names  of  persons  enrolled  in  the 
public  and  private  schools  of  each  city  or  town  with  the  names  of  persons 
recorded  as  required  by  this  act,  and  examine  carefully  into  all  cases  where 
persons  of  school  age  are  not  enrolled  in,  and  attending  some  school,  as 
required  by  section  one  of  chapter  forty-four  of  the  Revised  Laws,  as 
amended  by  chapter  three  hundred  and  twenty  of  the  acts  of  the  year 
nineteen  hundred  and  five,  by  chapter  three  hundred  and  eighty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six,  and  by  section  one  of 
chapter  seven  hundred  and  seventy-nine  of  the  acts  of  the  year  nineteen 
hundred  and  thirteen. 

The  annual  school  committee  report  of  each  city  and  town  shall  con- 
tain a  statement  of  the  number  of  persons  recorded  as  required  by  this 
act,  classified  by  ages,  together  with  a  statement  of  the  number  attending 
public  or  private  schools,  and  the  number  not  attending  school  in  any 
given  year,  as  required  by  section  one  of  chapter  forty-four  of  the  Revised 
Laws,  as  amended  by  chapter  three  hundred  and  twenty  of  the  acts  of  the 
year  nineteen  hundred  and  five,  by  chapter  three  hundred  and  eighty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  six,  and  by  section  one 
of  chapter  seven  hundred  and  seventy-nine  of  the  acts  of  the  year  nineteen 
hundred  and  thirteen. 

The  supervisory  officers  of  all  private  schools  in  the  commonwealth 
shall,  within  thirty  days  after  the  enrollment  or  registration  of  any  pupil 
of  compulsory  school  age,  report  the  name,  age  and  residence  of  the  pupil 
to  the  superintendent  of  schools  of  the  city  or  town  in  which  the  pupil 
resides;  and  whenever  the  pupil  withdraws  from  a  private  school,  the 
supervisory  officer  thereof,  shall,  within  ten  days,  notify  the  superintendent 
of  schools  of  the  city  or  town  in  which  the  pupil  resides. 

SECTION  2.  Section  four  of  chapter  forty-three  of  the  Revised  Laws, 
as  amended  by  section  three  of  chapter  three  hundred  and  sixty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  twelve,  by  chapter  three  hun- 
dred and  fifty-six  of  the  acts  of  the  year  nineteen  hundred  and  thirteen, 
and  by  section  two  of  chapter  four  hundred  and  forty-three  of  the  acts  of 
the  year  nineteen  hundred  and  fourteen,  is  hereby  further  amended  by 
striking  out  the  words  "according  to  the  school  census  taken",  in  the 
tenth  line,  and  by  striking  out  the  word  " September",  in  the  eleventh 
line,  and  inserting  in  place  thereof,  the  word:  —  April,  —  so  as  to  read  as 
follows:  —  Section  4-  The  chairman  of  each  school  committee  shall  annu- 
ally on  or  before  the  thirty-first  day  of  July  transmit  to  the  commissioner 
of  education  a  certificate  filled  out,  signed  and  sworn  to  by  him,  contain- 
ing the  following  statements:  — 

First.  The  number  of  persons  between  the  ages  of  five  and  seven  years, 
the  number  of  persons  between  the  ages  of  seven  and  fourteen  years,  and 
the  number  of  persons  between  the  ages  of  fourteen  and  sixteen  years, 


12 

residing  in  the  town  (or  city),  on  the  first  day  of  April,  last  preceding  the 
date  of  this  certificate. 

Second.  The  number  of  persons  in  the  average  membership  of  the 
public  schools  of  the  town  (or  city),  for  the  school  year  last  preceding 
the  date  of  the  certificate,  as  determined  by  the  rules  of  the  state  school 
register. 

Third.  The  amount  of  money  raised  by  taxation  by  the  town  (or  city), 
and  expended  during  the  fiscal  year  last  preceding  the  date  of  the  certifi- 
cate for  the  support  of  the  public  schools,  including  the  wages  of  teachers, 
the  transportation  of  school  children,  fuel,  the  care  of  fires,  schoolrooms 
and  school  premises,  repairs,  supervision,  text-books  and  supplies,  and 
school  sundries  or  incidentals,  but  excluding  alterations  of  school  build- 
ings, other  than  repairs,  and  construction  of  schoolhouses  and  contribu- 
tions for  the  support  of  public  schools  which  may  be  received  from  the 
commonwealth  or  from  other  sources  than  local  taxation,  and  also  the 
total  expenditures,  classified,  for  the  public  schools  during  the  school  year 
last  preceding  the  date  of  this  certificate. 

Fourth.  That  the  town  (or  city)  has  maintained  during  the  school 
year  last  preceding  the  date  of  this  certificate  each  of  the  schools,  as  re- 
quired by  section  one  of  chapter  forty-two  of  the  Revised  Laws,  as  amended 
by  chapter  one  hundred  and  eighty-one  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  and  by  chapter  five  hundred  and  twenty-four  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  for  a  period  of  not  less  than 
thirty-two  weeks,  or  twenty-eight  weeks,  if  such  reduction  has  been  allowed 
under  the  provisions  of  the  aforesaid  section. 

Fifth.    That  the  town  (or  city)  has  maintained,  during  the  school  year 
last  preceding  the  date  of  this  certificate,  a  high  school,  as  required  by 
section  two  of  said  chapter  forty-two,  for  a  period  of 
months,  days,  as  stated. 

The  board  of  education  is  authorized  and  directed  to  prepare  and  furnish 
to  school  committees  suitable  forms  of  the  certificate  required  by  this 
section.  [Approved  April  4,  1916. 

Chapter  102  amends  section  3,  chapter  43,  Revised  Laws  (as 
amended),  by  striking  out  the  words  providing  for  an  annual 
school  census  of  certain  children  and  substituting  in  the  place 
of  such  census  a  continuous  registration  of  minors,  by  attendance 
officers  on  a  form  of  card  prescribed  by  the  Board  of  Education, 
as  follows :  — 

Children.  —  Between  five  and  seven  years  of  age ;  between  seven  and 
fourteen  years  of  age;  between  fourteen  and  sixteen  years  of  age. 

Minors.  —  Over  sixteen  years  of  age,  who  cannot  read  at  sight  and 
write  legibly  simple  sentences  in  the  English  language. 


13 

The  above  act  also  provides  that  the  certificate  filed  with 
the  annual  school  returns  to  the  Board  of  Education,  in  ac- 
cordance with  section  4,  chapter  43,  Revised  Laws  (as  amended), 
shall  contain  a  statement  of  the  number  of  children  of  the  ages 
above  stated  "residing  in  the  town  (or  city),  on  the  first  day 
of  April." 

Special  attention  is  called  to  the  last  paragraph  of  section  1, 
in  relation  to  the  duties  of  supervisory  officers  of  all  private 
schools  so  far  as  children  of  compulsory  school  age  are  con- 
cerned. 

Chapter  102  became  effective  May  4,  1916. 

(B)    LEGISLATION  RELATING  TO  VOCATIONAL  EDUCATION. 

GENERAL  ACTS,  CHAPTER  95. 

An  Act  relative  to  Co-operative  Courses  in  Public  Schools  and  to  Employ- 
ment of  Pupils  in  Co-operating  Agencies. 

SECTION  1.  Section  seventeen  of  chapter  five  hundred  and  fourteen 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  as  amended  by  chapter 
two  hundred  and  forty-one  of  the  acts  of  the  year  nineteen  hundred  and 
eleven,  and  by  chapter  one  hundred  and  ninety-one  of  the  acts  of  the  year 
nineteen  hundred  and  twelve,  is  hereby  further  amended  by  adding  at  the 
end  thereof  the  following:  —  " Co-operative  courses"  shall  mean  courses 
approved  as  such  by  the  board  of  education  and  conducted  in  public  schools 
in  which  technical  or  related  instruction  is  given  in  conjunction  with  prac- 
tical experience  by  employment  in  a  co-operating  factory,  manufacturing, 
mechanical  or  mercantile  establishment  or  workshop. 

SECTION  2.  Section  fifty-seven  of  said  chapter  five  hundred  and  four- 
teen, as  amended  by  section  fifteen  of  chapter  seven  hundred  and  seventy- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  thirteen,  is  hereby  further 
amended  by  inserting  after  the  word  "certificate",  in  the  eighteenth  line, 
the  words:  —  and,  provided,  further,  that  pupils  in  co-operative  courses  in 
public  schools,  as  defined  in  section  seventeen  of  this  act,  may  be  employed 
by  any  co-operating  factory,  manufacturing,  mechanical  or  mercantile 
establishment  or  workshop  upon  securing  from  the  superintendent  of 
schools  a  special  certificate  covering  this  type  of  employment,  —  so  as 
to  read  as  follows:  —  Section  57.  No  child  between  fourteen  and  sixteen 
years  of  age  shall  be  employed  or  be  permitted  to  work  in,  about  or  in 
connection  with  any  factory,  workshop,  manufacturing,  mechanical  or 
mercantile  establishment  unless  the  person,  firm  or  corporation  employ- 
ing such  child  procures  and  keeps  on  file  accessible  to  the  attendance  officers 
of  the  city  or  town,  to  agents  of  the  board  of  education,  and  to  the  state 
board  of  labor  and  industries  or  its  authorized  agents  or  inspectors,  the 
employment  certificate  as  hereinafter  provided  issued  to  such  child,  and 


14 

/ 

keeps  a  complete  list  of  the  names  and  ages  of  all  such  children  employed 
therein  conspicuously  posted  near  the  principal  entrance  of  the  building 
in  which  such  children  are  employed:  provided,  however,  that  children 
who  are  over  fourteen  but  under  sixteen  years  of  age  shall  be  permitted  to 
work  in  mercantile  establishments  on  Saturdays  between  the  hours  of 
seven  in  the  morning  and  six  in  the  evening,  without  such  certificate;  and, 
provided,  further,  that  pupils  in  co-operative  courses  in  public  schools,  as 
defined  in  section  seventeen  of  this  act,  may  be  employed  by  any  co-opera- 
ting factory,  manufacturing,  mechanical  or  mercantile  establishment  or 
workshop  upon  securing  from  the  superintendent  of  schools  a  special  cer- 
tificate covering  this  type  of  employment.  On  termination  of  the  employ- 
ment of  a  child  whose  employment  certificate  is  on  file,  said  certificate 
shall  be  returned  by  the  employer  within  two  days  after  said  termination 
to  the  office  of  the  superintendent  of  schools  from  which  it  was  issued. 

SECTION  3.  Section  sixty-six  of  said  chapter  five  hundred  and  fourteen, 
as  amended  by  section  twenty-three  of  chapter  seven  hundred  and  seventy- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  thirteen,  is  hereby  further 
amended  by  inserting  after  the  word  "establishment",  in  the  fourth  line 
of  the  first  paragraph,  the  words:  —  except  as  provided  for  pupils  in  co- 
operative courses,  approved  as  such  by  the  board  of  education  and  con- 
ducted in  public  schools,  —  so  that  the  first  paragraph  shall  read  as  fol- 
lows :  —  Section  66.  No  child  who  is  over  sixteen  and  under  twenty-one 
years  of  age  shall  be  employed  in  a  factory,  workshop,  manufacturing, 
mechanical  or  mercantile  establishment,  except  as  provided  for  pupils 
in  co-operative  courses,  approved  as  such  by  the  board  of  education  and 
conducted  in  public  schools,  unless  his  employer  procures  and  keeps  on 
file  an  educational  certificate  showing  the  age  of  the  child  and  his  ability 
or  inability  to  read  and  write  as  hereinafter  provided.  Such  certificates 
shall  be  issued  by  the  person  authorized  by  this  act  to  issue  employment 
certificates. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  3,  1916. 

By  the  amendments  provided  for  in  chapter  95,  the  meaning 
of  the  term  "co-operative  courses"  is  defined;  and  it  is  made 
unnecessary  for  a  pupil  in  a  co-operative  course  to  secure  a 
new  working  certificate  each  time  he  or  she  changes  the  place 
of  employment.  A  special  form  of  certificate  may  be  issued 
by  the  local  superintendent  of  schools  covering  the  specified 
period  of  employment  in  all  places  when  such  employment  is 
a  required  part  of  a  co-operative  course. 


15 


SPECIAL  ACTS,  CHAPTER  174. 

An  Act  to  provide  for  the  Establishment  of  an  Independent  Industrial 
Shoemaking  School  in  the  City  of  Lynn. 

SECTION  1.  At  the  next  state  election  there  shall  be  placed  upon  the 
official  ballot  for  the  city  of  Lynn  the  following  question:  —  "Shall  the 
city  of  Lynn  establish  an  Independent  Industrial  Shoemaking  School?" 

SECTION  2.  If  a  majority  of  the  voters  voting  upon  the  question  afore- 
said vote  in  the  affirmative,  the  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  eight  persons,  residents  of  the  city  of  Lynn, 
two  of  whom  shall  be  representatives  of  the  laboring  class,  to  serve  as 
follows :  —  two  for  one  year,  two  for  two  years,  two  for  three  years,  and 
two  for  four  years;  and  thereafter  two  persons  shall  be  appointed  annually 
for  the  term  of  four  years,  but  every  appointee  under  this  act  shall  serve 
until  his  successor  has  qualified.  The  said  persons  together  with  the  mayor 
of  Lynn  shall  be  known  as  Trustees  of  the  Independent  Industrial  Shoe- 
making  School  of  the  City  of  Lynn.  They  shall  serve  without  compensa- 
tion, but  shall  be  reimbursed  for  their  necessary  expenses,  and  the  sums  so 
paid  shall  be  charged  as  a  part  of  the  maintenance  expense  of  the  school. 

SECTION  3.  The  said  trustees  are  hereby  authorized  to  determine  the 
situation  of  the  said  school,  subject  to  the  approval  of  the  board  of  educa- 
tion, and  to  expend  annually  for  rent  of  suitable  floor  space  for  the  school 
a  sum  not  exceeding  six  thousand  dollars  until  such  time  as  it  is  deemed 
expedient  to  purchase,  construct  or  alter  a  building  for  the  use  of  the  school. 
After  the  said  school  is  established  and  equipped,  the  city  of  Lynn  shall 
annually  raise  by  taxation  such  sums  as  may  be  needed  for  its  maintenance 
and  operation. 

SECTION  4.  The  cost  of  establishing  and  equipping  the  said  school 
shall  be  paid  by  the  city  of  Lynn,  and  for  this  purpose  the  municipal  council 
is  hereby  authorized  to  issue  bonds  of  the  city  to  an  amount  not  exceeding 
twenty  thousand  dollars,  for  terms  not  exceeding  ten  years,  and  at  a  rate 
of  interest  not  exceeding  four  per  cent  per  annum  payable  semi-annually. 
The  bonds  shall  be  issued  and  shall  be  payable  in  accordance  with  the 
provisions  of  chapter  seven  hundred  and  nineteen  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen.  Each  authorized  issue  of  bonds  hereunder 
shall  constitute  a  separate  loan. 

SECTION  5.  The  school  established  under  this  act  shall  be  established 
and  maintained  as  an  approved  school,  subject  to  the  provisions  of  chapter 
four  hundred  and  seventy-one  of  the  acts  of  the  year  nineteen  hundred 
and  eleven,  and  of  any  amendments  thereof,  and  the  city  of  Lynn  shall  be 
reimbursed  for  the  expenditures  incurred  in  its  maintenance  in  the  manner 
and  to  the  extent  provided  for  the  reimbursement  of  cities  and  towns  by 
the  said  chapter  and  any  amendments  thereof.  [Approved  March  18, 1916. 

By  the  provisions  of  Special  Acts,  chapter  174,  the  citizens 
of  Lynn  will  vote  in  November,  1916,  as  to  their  desires  rela- 


16 

live  to  the  establishment  of  an  independent  industrial  shoe- 
making  school  in  that  city.  If  the  vote  should  be  in  favor  of 
establishing  such  a  school,  the  act  further  provides  for  the  city 
of  Lynn  to  equip  and  maintain  an  industrial  shoemaking  school 
for  the  purpose  of  giving  instruction  in  all  the  branches  of  the 
shoemaking  industry. 

GENERAL  ACTS,  CHAPTER  185. 

An  Act  to  authorize  Cities  to  maintain  Schools  of  Agriculture  and  Horti- 
culture. 

SECTION  1.  Any  city  which  accepts  the  provisions  of  this  act  may 
establish  and  maintain  schools  for  instructing  families  and  individuals  by 
means  of  day,  part-time  or  evening  classes  in  gardening,  fruit  growing, 
floriculture,  poultry  keeping,  animal  husbandry,  and  other  branches  of 
agriculture  and  horticulture.  The  location  and  organization  of  the  said 
schools,  and  the  instruction  given  therein  shall  be  subject  to  the  approval 
of  the  board  of  education. 

SECTION  2.  After  the  acceptance  of  this  act  by  any  city  and  before 
further  action  hereunder  is  taken,  the  school  committee  shall  cause  to  be 
circulated  a  description  of  the  purposes  and  scope  of  the  instruction  to  be 
given  hereunder  with  a  request  for  applications  from  those  desiring  such 
instruction. 

SECTION  3.  The  city  council  or  other  board  or  officer  having  power  to 
take  land  for  school  purposes  in  any  city  which  accepts  the  provisions  of 
this  act  may,  in  conformity  with  the  provisions  of  general  law  relative  to 
the  taking  of  land  by  municipalities,  take  in  fee  any  land  in  said  city  not 
already  appropriated  to  public  uses  for  the  purpose  of  maintaining  a  school 
hereunder,  or  may  lease  or  purchase  in  fee  any  land,  either  within  or  with- 
out the  city  limits,  for  the  said  purpose.  The  school  committee  of  the  city 
may  erect  suitable  buildings  upon  the  land  so  acquired,  and  may  make 
provision,  on  terms  that  will  not  involve  loss  to  the  city,  for  the  use  of 
plots  of  ground  and  for  the  temporary  housing  of  those  attending  the  school, 
and  complying  with  its  regulations,  who  have  not  access  to  other  land 
suitable  for  giving  proper  effect  to  the  instruction  of  the  school. 

SECTION  4.  This  act  shall  be  submitted  to  the  voters  in  the  several 
cities  of  the  commonwealth  at  the  next  annual  state  election  for  their 
acceptance  or  rejection,  and  shall  take  effect  in  any  city  if  a  majority  of 
the  voters  of  that  city  voting  thereon  shall  vote  in  the  affirmative.  The 
act  shall  be  submitted  in  the  form  of  the  following  question  to  be  placed 
upon  the  official  ballot:  "Shall  an  act,  passed  by  the  general  court  in  the 
year  nineteen  hundred  and  sixteen,  to  authorize  cities  to 
maintain  schools  of  agriculture  and  horticulture  and  to  make 
provision,  in  certain  instances,  for  the  temporary  housing  of 
persons  attending  the  school,  be  accepted?"  [Approved  May  9,  1916. 


17 

Cities  accepting  of  provisions  of  chapter  185,  at  the  next 
annual  State  election  (November,  1916),  are  authorized  to 
provide  instruction  for  persons  who  desire  agricultural  training 
but  who  are  either  too  young  or  too  old  to  meet  the  require- 
ments of  chapter  471  of  the  Acts  of  1911.  The  act  is  intended 
primarily  to  reach  family  groups,  and  to  provide  attractive  and 
profitable  residence  in  the  country  for  those  who  would  other- 
wise be  cramped  in  congested  city  quarters.  The  school  equip- 
ment may  include  small  homesteads  to  be  rented  by  families 
who  desire  to  be  taught  how  to  make  the  most  of  such  home- 
steads. 

(C)  LEGISLATION  RELATING  TO  THE  RETIREMENT  SYSTEM  FOR 
PUBLIC  SCHOOL  TEACHERS  AND  FOR  TEACHERS  IN  TRAIN- 
ING SCHOOLS  UNDER  THE  DIRECTION  OF  THE  BOARD  OF 
EDUCATION. 

GENERAL  ACTS,  CHAPTER  54. 

An  Act  relative  to  the  Retirement  of  Teachers  and  Other  Employees  in 
Training  Schools  maintained  under  the  Direction  of  the  Board  of 
Education. 

SECTION  1.  All  persons  employed  as  teachers  in  training  schools  main- 
tained and  controlled  by  the  board  of  education  shall  be  considered  as 
public  school  teachers  for  the  purposes  of  chapter  eight  hundred  and  thirty- 
two  of  the  acts  of  the  year  nineteen  hundred  and  thirteen  and  acts  in 
amendment  thereof  and  in  addition  thereto,  and  such  a  teacher  upon  be- 
coming a  member  of  the  Teachers'  Retirement  Association  shall  thereafter 
pay  to  the  Teachers'  Annuity  Fund  assessments  based  upon  his  total  salary 
including  the  part  paid  by  the  commonwealth:  provided,  that  the  total 
assessments  shall  not  exceed  one  hundred  dollars  in  any  one  year.  Such 
assessments  shall  be  deducted  in  accordance  with  rules  and  regulations 
prescribed  by  the  teachers'  retirement  board.  Nothing  herein  contained 
shall  apply  to  teachers  regularly  employed  in  the  normal  schools  who 
devote  some  time  to  training  school  work,  and  are  therefore  subject  to  the 
provisions  of  chapter  five  hundred  and  thirty-two  of  the  acts  of  the  year 
nineteen  hundred  and  eleven,  and  acts  in  amendment  thereof  and  in  addi- 
tion thereto. 

SECTION  2.  Teachers  now  members  of  the  association  established  by 
chapter  five  hundred  and  thirty-two  of  the  acts  of  the  year  nineteen  hun- 
dred and  eleven  and  acts  in  amendment  thereof  and  in  addition  thereto, 
who,  under  the  provisions  of  this  act,  become  members  of  the  retirement 
association  established  by  chapter  eight  hundred  and  thirty-two  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen,  and  acts  in  amendment 
thereof  and  in  addition  thereto,  shall  have  the  full  amount  of  their  con- 


18 

tributions,  together  with  such  interest  as  shall  have  been  earned  thereon, 
transferred  in  the  manner  prescribed  by  chapter  one  hundred  and  ninety- 
seven  of  the  General  Acts  of  the  year  nineteen  hundred  and  fifteen. 

SECTION  3.  All  other  persons  employed  in  the  training  schools  main- 
tained and  controlled  by  the  board  of  education  in  buildings  owned  by 
the  commonwealth  shall  be  considered  employees  of  the  commonwealth 
for  the  purposes  of  chapter  five  hundred  and  thirty-two  of  the  acts  of  the 
year  nineteen  hundred  and  eleven,  and  acts  in  amendment  thereof  and 
in  addition  thereto.  All  other  persons  employed  in  the  training  schools 
maintained  and  controlled  by  the  board  of  education  in  buildings  not 
owned  by  the  commonwealth  shall  not  be  considered  employees  of  the 
commonwealth  for  the  purposes  of  said  act. 

SECTION  4.  This  act  shall  take  effect  on  the  first  day  of  July,  nineteen 
hundred  and  sixteen.  [Approved  March  21,  1916. 

The  teachers  in  the  training  schools  were  formerly  members 
of  the  Retirement  Association  for  State  Employees,  and  the 
amounts  they  contributed  towards  their  retiring  allowances 
were  based  only  upon  the  salary  received  from  the  State. 
Chapter  54,  General  Acts  of  1916,  was  passed  in  order  that 
their  contributions  might  be  based  upon  the  full  salary,  and 
the  amount  of  the  retiring  allowance  thereby  increased. 

GENERAL  ACTS,  CHAPTER  60. 

An  Act  relative  to  Refunds  to  Members  of  the  Teachers'  Retirement  As- 
sociation who  withdraw  from  the  Service  of  the  Public  Schools. 

SECTION  1.  Section  seven  of  chapter  eight  hundred  and  thirty- two  of 
the  acts  of  the  year  nineteen  hundred  and  thirteen  is  hereby  amended  by 
striking  out  paragraph  (2)  and  inserting  in  place  thereof  the  following  new 
paragraph:  —  (2)  If  such  withdrawal  shall  take  place  before  six  annual 
assessments  have  been  paid,  the  total  amount  to  which  such  member  is 
entitled  as  determined  by  the  retirement  board  under  the  provisions  of 
this  act  may  be  paid  to  him  in  one  sum. 

SECTION  2.  Paragraph  (3)  of  section  seven  of  said  chapter  eight  hun- 
dred and  thirty-two  is  hereby  amended  by  striking  out  the  word  "ten", 
in  the  first  line,  and  inserting  in  place  thereof  the  word:  —  six,  —  so  as  to 
read  as  follows:  —  (3)  If  such  withdrawal  shall  take  place  after  six  annual 
assessments  have  been  paid  the  amount  so  refunded  shall  be  in  the  form 
of  such  annuity  for  life  based  on  the  contributions  of  such  member,  to- 
gether with  regular  interest  thereon,  as  may  be  determined  by  the  retire- 
ment board  according  to  its  annuity  tables,  or  in  four  annual  instalments, 
as  such  member  may  elect. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  21,  1916. 


19 

The  teachers'  retirement  law  originally  provided  that  when 
a  member  of  the  association  withdrew  from  the  service  of  the 
public  schools  the  total  amount  which  he  had  contributed, 
together  with  the  interest  allowed  thereon,  should  be  refunded 
in  four  annual  instalments.  Chapter  60,  General  Acts,  was 
passed  because  it  was  found  that  a  great  many  teachers  with- 
drew from  the  service  before  having  paid  many  contributions 
to  the  annuity  fund,  and  it  was  decided  that  when  the  amount 
to  be  refunded  was  small  it  would  be  better  to  make  the  refund 
in  one  sum. 

GENERAL  ACTS,  CHAPTER  75. 

An  Act  to  prohibit  the  Pledge,  Mortgage,  Sale,  Assignment  or  Transfer 
of  Pensions  granted  by  the  Commonwealth  or  by  Any  County,  City 
or  Town. 

Any  pledge,  mortgage,  sale,  assignment,  or  transfer  hereafter  made  of 
any  right,  claim,  or  interest  in  any  pension  which  has  been,  or  may  here- 
after be  granted  by  the  commonwealth  or  by  any  county,  city  or  town, 
shall  be  void  and  of  no  effect,  and  any  person  who  shall  be  a  party  to  such 
pledge,  mortgage,  sale,  assignment  or  transfer  of  any  right,  claim,  or  interest 
in  any  pension,  or  pension  certificate,  which  has  been,  or  may  hereafter 
be  granted  or  issued  by  the  commonwealth  or  by  any  county,  city  or  town, 
or  who  shall  hold  the  same  as  collateral  security  for  any  debt  or  promise, 
or  upon  any  pretext  of  such  security  or  promise,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars.  [Approved  March  24,  1916. 

The  above  chapter  makes  punishable  by  fine  the  pledge, 
mortgage,  assignment  or  transfer  of  pensions  granted  by  the 
Commonwealth  or  by  any  county,  town  or  city. 

Section  8  of  chapter  832,  Acts  of  1913,  makes  any  assign- 
ment of  any  right  in  or  to  any  funds  in  connection  with  an 
annuity  or  pension  for  teachers  not  valid,  while  chapter  75, 
quoted  above,  makes  such  action,  upon  conviction,  punishable 
by  fine. 

GENERAL  ACTS,  CHAPTER  88. 

An  Act  relative  to  Services  rendered  by  Pensioners  or  Annuitants  to  Mu- 
nicipalities and  Counties. 

Section  one  of  chapter  six  hundred  and  fifty-seven  of  the  acts  of  the 
year  nineteen  hundred  and  thirteen  is  hereby  amended  by  inserting  after 
the  word  " county",  in  the  second  line,  the  words : — excepting  teachers 
who  are  now  receiving  annuities  not  exceeding  the  sum  of  one  hundred 
and  eighty  dollars  per  annum,  —  so  as  to  read  as  follows:  —  Section  1. 


20 

No  person  who  now  or  hereafter  receives  a  pension  or  an  annuity  from  any 
city  or  town  or  any  county,  excepting  teachers  who  are  now  receiving 
annuities  not  exceeding  the  sum  of  one  hundred  and  eighty  dollars  per 
annum,  shall  be  paid  for  any  service,  except  service  as  a  juror,  rendered 
by  him  to  said  city,  town  or  county  after  the  date  of  the  first  payment  of 
such  pension  or  annuity.  [Approved  March  31,  1916. 

GENERAL  ACTS,  CHAPTER  238. 

An  Act  relative  to  Certain  Payments  under  the  Retirement  System  for 
Public  School  Teachers. 

SECTION  1.  Paragraph  (6)  of  section  seven  of  chapter  eight  hundred 
and  thirty-two  of  the  acts  of  the  year  nineteen  hundred  and  thirteen  is 
hereby  amended  by  adding  at  the  end  thereof  the  following :  —  if,  however, 
there  is  no  executor  or  administrator  of  the  estate  of  such  deceased  member, 
all  sums  due  under  this  paragraph,  not  exceeding  one  hundred  dollars  in 
any  one  case,  may  be  paid  to  such  person  or  persons  as  appear  in  the  judg- 
ment of  the  retirement  board  to  be  entitled  to  the  proceeds  of  the  estate, 
and  such  payment  shall  be  a  bar  to  recovery  by  any  other  person,  —  so 
that  said  paragraph  will  read  as  follows :  —  (6)  If  a  member  of  the  retire- 
ment association  shall  die  before  retirement,  the  full  amount  of  his  contri- 
butions to  the  annuity  fund  with  regular  interest  to  the  day  of  his  death 
shall  be  paid  to  his  legal  representatives;  if,  however,  there  is  no  executor 
or  administrator  of  the  estate  of  such  deceased  member,  all  sums  due  under 
this  paragraph,  not  exceeding  one  hundred  dollars  in  any  one  case,  may 
be  paid  to  such  person  or  persons  as  appear  in  the  judgment  of  the  retire- 
ment board  to  be  entitled  to  the  proceeds  of  the  estate,  and  such  payment 
shall  be  a  bar  to  recovery  by  any  other  person. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  20,  1916. 

In  the  event  of  death  of  a  member  of  the  retirement 
association  before  retirement,  it  was  necessary  that  a  legal 
representative  be  appointed,  in^  order  that  the  amount  con- 
tributed, with  the  interest  allowed  thereon,  might  be  refunded. 
Chapter  238,  General  Acts,  was  passed  in  order  that  refunds 
of  small  amounts  might  be  made  without  the  estate  incurring 
the  expense  of  the  appointment  of  a  legal  representative. 


21 


GENERAL  ACTS,  CHAPTER  257. 
An  Act  relative  to  the  Retirement  System  for  Public  School  Teachers. 

SECTION  1.  Section  one  of  chapter  eight  hundred  and  thirty-two  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen  is  hereby  amended  by 
striking  out  paragraph  (6)  and  inserting  in  place  thereof  the  following: 
• —  (6)  "Regular  interest"  shall  mean  interest  at  the  rate  determined  by 
the  retirement  board  and  shall  be  substantially  that  which  is  actually 
earned,  which  shall  be  compounded  annually  on  the  last  day  of  December 
of  each  year. 

SECTION  2.  Paragraph  (5)  of  section  six  of  said  chapter  eight  hundred 
and  thirty-two  is  hereby  amended  by  striking  out  the  words  "regular 
interest",  in  the  twentieth  line,  and  inserting  in  place  thereof  the  words: 
—  three  per  cent  interest  compounded  annually,  —  so  as  to  read  as  fol- 
lows :  —  (5)  Any  teacher  who  shall  have  become  a  member  of  the  retire- 
ment association  under  the  provisions  of  paragraph  numbered  (2)  of  section 
three,  and  who  shall  have  served  fifteen  years  or  more  in  the  public  schools 
of  the  commonwealth,  not  less  than  five  of  which  shall  immediately  precede 
retirement,  shall,  on  retiring  as  provided  in  paragraphs  (1)  and  (2)  of  this 
section,  be  entitled  to  receive  a  retirement  allowance  as  follows :  —  (a) 
such  annuity  and  pension  as  may  be  due  under  the  provisions  of  paragraphs 
numbered  (3)  and  (4)  of  this  section;  (b)  an  additional  pension  to  such  an 
amount  that  the  sum  of  this  additional  pension  and  the  pension  provided 
in  paragraph  (4)  of  this  section  shall  equal  the  pension  to  which  he  would 
have  been  entitled  under  the  provisions  of  this  act  if  he  had  paid  thirty 
assessments  on  his  average  yearly  wage  for  the  fifteen  years  preceding  his 
retirement  and  at  the  rate  in  effect  at  the  time  of  his  retirement :  provided, 
(1)  that  if  his  term  of  service  in  the  commonwealth  shall  have  been  over 
thirty  years  the  thirty  assessments  shall  be  reckoned  as  having  begun  at 
the  time  of  his  entering  service  and  as  drawing  three  per  cent  interest  com- 
pounded annually  until  the  time  of  retirement;  and  further  provided,  (2) 
that  if  the  sum  of  such  additional  pension  together  with  the  annuity  and 
pension  provided  for  by  paragraphs  numbered  (3)  and  (4)  of  this  section 
is  less  than  three  hundred  dollars  in  any  one  year,  an  additional  sum  suffi- 
cient to  make  an  annual  retirement  allowance  of  three  hundred  dollars 
shall  be  paid  from  the  pension  fund.  [Approved  May  24,  1916. 

The  retirement  law  originally  provided  that  the  accounts  of 
the  members  of  the  association  should  be  credited  with  3  per 
cent  interest.  As  the  funds  contributed  by  the  members  have 
been  invested  in  securities  which  are  yielding  about  4  per  cent 
interest,  chapter  257,  General  Acts,  was  created  in  order  that 
the  members  might  receive  the  benefit  of  all  the  interest 
earned  on  their  contributions. 


22 


RESOLVES,  CHAPTER  152. 

Resolve  providing  for  an  Investigation  by  the  Teachers'  Retirement  Board 
of  the  Subject  of  a  Disability  Retirement  Allowance  for  Public  School 
Teachers. 

Resolved,  That  the  teachers'  retirement  board  is  hereby  directed  to  in- 
vestigate the  subject  of  providing  for  the  retirement  of  public  school 
teachers  in  cases  of  permanent  disability.  The  board  is  authorized  to 
expend  for  this  purpose  a  sum  not  exceeding  one  hundred  dollars,  and  is 
directed  to  report  the  results  of  its  investigation  to  the  next  general  court, 
with  such  recommendations  as  it  may  deem  expedient,  not  later  than  the 
fifteenth  day  of  January.  [Approved  June  1,  1916. 


23 


PART  III.  —  ADDITIONAL  LEGISLATION  OF  INTEREST 
IN  PUBLIC  EDUCATION. 


RESOLVES,  CHAPTER  90. 

Resolve  providing  for  the  Appointment  of  a  Special  Board  to  consider 
the  Subject  of  Physical  Training  for  Boys  and  Girls  in  the  Public 
Schools. 

Resolved,  That  three  persons,  to  be  appointed  by  the  governor,  shall 
constitute  a  board  to  investigate  the  subject  of  physical  training  for  boys 
and  girls  in  the  public  schools,  and  to  define  and  reccmmend  a  system 
which  will  improve  their  physical,  moral  and  mental  qualities  and  provide 
the  commonwealth  with  an  adequate  basis  for  a  citizen  soldiery,  with 
special  reference  to  the  following  subjects: 

(a)  Physical  and  disciplinary  training. 

(b)  Military  history. 

(c)  Personal  hygiene  and  sanitation. 

The  members  of  this  board  shall  serve  without  pay  but  shall  be  allowed 
for  clerical  assistance  and  for  necessary  expenses,  such  a  sum  not  exceeding 
one  thousand  dollars,  as  shall  be  approved  by  the  governor  and  council. 

The  board  is  authorized  in  its  discretion  to  consider  any  related  matter, 
whether  or  not  the  same  is  particularly  mentioned  in  this  resolve.  The 
board  shall  report  the  result  of  its  investigations  to  the  general  court  on 
or  before  the  second  Wednesday  in  January  in  the  year  nineteen  hundred 
and  seventeen,  and  shall  accompany  its  report  with  such  recommendations 
for  legislation  as  the  board  may  deem  advisable.  [Approved  May  16, 
1916. 

GENERAL  ACTS,  CHAPTER  160. 

An  Act  to  provide  for  Exchange  of  Information  between  the  State  Board 
of  Charity  and  Overseers  of  the  Poor  and  the  Massachusetts  Com- 
mission for  the  Blind,  and  to  provide  for  aiding  Persons  with  Seriously 
Defective  Eyesight. 

SECTION  1.  Section  two  of  chapter  three  hundred  and  eighty-five  of 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  in- 
serting at  the  end  thereof  the  words:  —  The  state  board  of  charity  and  the 
overseers  of  the  poor  of  cities  and  towns  are  hereby  directed  to  aid  the 
commission  by  reporting  whenever  outdoor  or  indoor  aid  is  granted  to 
families  in  which  there  is  a  blind  member  or  members,  and  the  commission 
is  hereby  directed  to  report  in  turn  to  the  state  board  of  charity  and  the 
overseers  of  the  poor  of  cities  and  towns  any  activity  on  their  part  in  re- 
lation to  blind  persons  who  or  whose  families  are  known  to  be  receiving 


24 

or  to  have  received  public  outdoor  or  indoor  aid,  —  so  as  to  read  as  fol- 
lows:—  Section  2.  The  commission  shall  be  authorized  to  prepare  and 
maintain  a  register  of  the  blind  in  Massachusetts,  which  shall  describe 
their  condition,  cause  of  blindness  and  capacity  for  education  and  indus- 
trial training.  The  chief  of  the  bureau  of  statistics  of  labor  is  hereby  di- 
rected to  aid  the  commission  by  furnishing  it  from  time  to  time,  upon  its 
request,  with  the  names,  addresses  and  such  other  facts  concerning  the 
blind  as  may  be  recorded  by  the  enumerators  in  taking  any  decennial 
census.  The  state  board  of  charity  and  the  overseers  of  the  poor  of  cities 
and  towns  are  hereby  directed  to  aid  the  commission  by  reporting  when- 
ever outdoor  or  indoor  aid  is  granted  to  families  in  which  there  is  a  blind 
member  or  members,  and  the  commission  is  hereby  directed  to  report  in 
turn  to  the  state  board  of  charity  and  the  overseers  of  the  poor  of  cities 
and  towns  any  activity  on  their  part  in  relation  to  blind  persons  who  or 
whose  families  are  known  to  be  receiving  or  to  have  received  public  outdoor 
or  indoor  aid. 

SECTION  2.  Said  chapter  three  hundred  and  eighty-five  is  hereby 
further  amended  by  inserting  a  new  section  after  section  two  to  be  num- 
bered 2A,  as  follows:  —  Section  2 A.  The  commission  is  further  authorized 
to  register  cases  of  persons  whose  eyesight  is  seriously  defective  or  who  are 
liable  to  become  visually  handicapped  or  blind,  and  to  take  such  measures, 
in  co-operation  with  other  authorities,  as  it  may  deem  advisable  for  the 
prevention  of  blindness  or  conservation  of  eyesight,  and,  in  appropriate 
cases,  for  the  education  of  children  and  for  the  vocational  guidance  of 
adults  having  seriously  defective  sight.  [Approved  April  27,  1916. 

GENERAL  ACTS,  CHAPTER  201. 
An  Act  to  provide  for  the  Instruction  of  the  Adult  Blind  at  Their  Homes. 

SECTION  1.  The  Massachusetts  commission  for  the  blind  may  provide 
for  the  instruction  of  the  adult  blind  at  their  homes.  The  commission 
may  expend  annually  for  this  purpose  not  more  than  six  thousand  dollars 
and  shall  include  with  its  other  estimates  of  needed  appropriations  a  de- 
tailed estimate  of  the  proposed  expenditures. 

SECTION  2.  Chapter  two  hundred  and  ninety-seven  of  the  acts  of  the 
year  nineteen  hundred  and  two  is  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  12,  1916. 

Under  this  act  the  detailed  annual  report  from  the  Perkins 
Institution  and  Massachusetts  School  for  the  Blind  to  the 
Board  of  Education  relating  to  expenditures  for  the  instruction 
of  the  adult  blind  at  their  homes  is  now  no  longer  required,  and 
the  matter  is  under  the  direction  of  the  Massachusetts  Com- 
mission for  the  Blind. 


25 


GENERAL  ACTS,  CHAPTER  8. 

An  Act  to  authorize  Certain  Military  Organizations  of  Students  to  drill 
and  parade  with  Firearms. 

SECTION  1.  Chapter  six  hundred  and  four  of  the  acts  of  the  year  nine- 
teen hundred  and  eight  is  hereby  amended  by  striking  out  section  one 
hundred  and  seventy  and  inserting  in  place  thereof  the  following:  —  Sec- 
tion 170.  No  body  of  men,  except  the  volunteer  militia,  the  troops  of  the 
United  States  and  the  Ancient  and  Honorable  Artillery  Company  of  Boston 
shall  maintain  an  armory  or  associate  together  at  any  time  as  a  company 
or  organization,  for  drill  or  parade  with  firearms;  nor  so  drill  or  parade, 
nor  shall  any  city  or  town  raise  or  appropriate  money  toward  arming, 
equipping,  uniforming,  supporting,  or  providing  drill  rooms  or  armories 
for  any  such  body  of  men:  provided,  that  associations  wholly  composed 
of  soldiers  honorably  discharged  from  the  service  of  the  United  States 
may  parade  in  public  with  arms,  upon  the  reception  of  any  regiments  or 
companies  of  soldiers  returning  from  said  service,  and  for  escort  duty  at 
the  burial  of  deceased  soldiers,  with  the  written  permission  of  the  mayor 
and  aldermen  of  the  city  or  selectmen  of  the  town  in  which  they  desire  to 
parade;  that  students  in  educational  institutions  where  military  science 
is  a  prescribed  part  of  the  course  of  instruction,  and,  also  students  who 
are  enrolled  in  a  military  organization  approved  by  the  secretary  of  war 
or  navy  of  the  United  States  and  over  which  an  officer  of  the  United  States 
army  or  navy  or  the  Massachusetts  volunteer  militia  has  supervision,  may, 
with  the  approval  of  the  governor  and  under  such  conditions  as  he  may 
prescribe,  drill  and  parade  with  firearms  in  public,  under  the  superintend- 
ence of  their  instructors;  that  foreign  troops  who  have  been  admitted 
into  the  United  States  with  the  consent  of  the  United  States  government 
may,  with  the  approval  of  the  governor,  drill  and  parade  with  firearms  in 
public,  and  that  any  body  of  men  may,  with  the  approval  of  the  governor, 
drill  and  parade  in  public  with  any  harmless  imitation  of  firearms  which 
has  been  approved  by  the  adjutant  general;  that  regularly  organized 
posts  of  the  grand  army  of  the  republic,  and  regularly  organized  camps  of 
the  legion  of  Spanish  war  veterans,  or  of  the  united  Spanish  war  veterans, 
may  at  any  time  parade  in  public  their  color  guards  of  not  more  than  twelve 
men,  armed  with  firearms;  that  regularly  organized  camps  of  the  sons  of 
veterans  may  at  any  time  parade  in  public  their  color  guards  of  ten  men 
with  firearms;  and  that  any  organization  heretofore  authorized  thereto 
by  law  may  parade  with  sidearms;  and  that  any  veteran  association  com- 
posed wholly  of  past  members  of  the  militia  of  this  commonwealth  may 
maintain  an  armory  for  the  use  of  the  organizations  of  the  militia  to  which 
its  members  belonged. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
February  18,  1916. 


26 

Attention  is  called  to  that  part  of  chapter  8,  General  Acts  of 
1916,  which  provides  that  students  in  educational  institutions 
where  military  science  is  a  prescribed  part  of  the  course  of  in- 
struction may,  with  the  approval  of  the  Governor,  and  under 
such  conditions  as  he  may  prescribe,  drill  and  parade  with 
firearms  in  public,  under  the  superintendence  of  their  instruc- 
tors. 

(Further  information  relating  to  military  organizations  can  be  bad  on  application  at  the  office 
of  the  Adjutant-General,  State  House,  Boston.) 

GENERAL  ACTS,  CHAPTER  36. 
An  Act  relative  to  the  Misuse  of  the  Flag. 

The  provisions  of  chapter  five  hundred  and  seventy  of  the  acts  of  the 
year  nineteen  hundred  and  fourteen,  shall  not  apply  to  publications  issued 
solely  for  the  purpose  of  giving  information  in  relation  to  the  flag,  or  to 
publications  issued  solely  for  the  purpose  of  promoting  patriotism  or  en- 
couraging the  study  of  American  history;  but  no  words,  figures,  designs 
or  other  marks  of  any  kind  shall  be  placed  upon  the  flag  or  any  representa- 
tion thereof.  [Approved  March  14,  1916. 

The  following  list  of  references  to  other  legislation  relating 
to  the  display,  use  or  misuse  of  the  national  or  State  flags  is 
given  for  the  convenience  of  school  authorities :  — 

The  flag  of  the  Commonwealth,  chapter  229,  Acts  of  1908,  as  amended 
by  chapter  37,  Acts  of  1915. 

The  observance  of  Flag  Day,  chapter  5,  Resolves  of  1911. 

The  display  of  National  and  State  flags  on  State  buildings,  chapter  60, 
Acts  of  1909. 

The  display  of  the  United  States  flag  on  schoolhouses,  chapter  232, 
Acts  of  1911. 

Misuse  of  National  or  State  flags,  chapter  570,  Acts  of  1914. 

Misuse  of  foreign  flags,  chapter  197,  Acts  of  1912. 

Display  of  foreign  flags  or  emblems  on  public  buildings,  chapter  206, 
Revised  Laws,  section  6. 

(A  leaflet  giving  the  full  text  of  the  laws  referred  to  above  can  be  had  on  application  to  the 
office  of  the  Secretary  of  the  Commonwealth,  State  House,  Boston.) 


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